Analyzing CSR and Specific Performance in UK Contract Law

This essay examines Corporate Social Responsibility (CSR) and specific performance within the context of UK contract law. It discusses specific performance as a remedy for breach of contract, highlighting its limitations and the circumstances under which it is granted, referencing relevant case law. The essay further explores CSR, using Cadbury Company as a case study to illustrate key elements such as environmental, ethical, economic, and philanthropic responsibilities. It analyzes the benefits of the CSR model for both society and the organization, emphasizing its role in advertising, worker contentment, and market value. The essay concludes that specific performance is a crucial remedy in UK contract law and that CSR, exemplified by Cadbury's initiatives, contributes significantly to societal well-being through ethical and economic practices.

Table of Contents
Introduction..........................................................................................................................................1
Main Body............................................................................................................................................1
Conclusion............................................................................................................................................4
References ...........................................................................................................................................5
Introduction
Business law discusses about standards,rules, regulation in relation to its structure. This law
is also termed as commercial law. It mainly controls function of sale, recruitment of employees,
creating raw materials etc. The law covers jurisdiction of both public and private law . With the
advancement of organisation damage or harm to environment has been affected at large scale, this
created awareness among employers and retailers conducting their policies of business adjusting
with its surroundings(Hendry and Hodges, 2018). . This essay further discusses about Corporate
Social Responsibility where business organization work in accordance with societal norms.
Moreover it talks about specific performance of contract being a remedy with certain limitation and
relief under common law of United Kingdom. The CSR model of management is explained with
reference to Cadbury Company discussing its key elements. It is a transnational company based in
England with its main office in Uxbridge,West London. The organisation deals in confectionery
products and chocolates like dairy milk one of its famous production.
Main Body
Specific Performance refers to remedy provided under contract by the court where one party
was under obligation to perform its act and due to non performance of such promise other party had
to face monetary damages. In order to seek relief such remedies are available in an agreement like
cases related to real property or chattels etc. It generally means conduct of one person carrying out
an act where it has agreed in contract with a legal intention to fulfil its promise. The injured party
suffering loss can file suit in a court having jurisdiction in such case against breach of agreement in
equity courts. Under contract law it is provided as alternate remedy to award damages in various
forms like Injunction where case related to secretive information and property etc. In this case
burden of proof lies on injured party claiming relief showing its will to perform such agreement. It
must prove that it has performed its act fulfilling all the essential conditions of contract(Student,,
2021).
The relief provided under UK Contract law in following circumstances. Firstly, this relief can be
obtained only when award cannot be ascertained or fixed by way of compensation. Then only
court orders the accused to perform its promise as agreed upon conditions specified. Secondly,
specific performance as damages is incurred when there is no other option with respect to such

agreement. The relief is provided where goods having unique quality or amount cannot be
determined by court. The remedy is granted if court in its opinion regard it to be necessary. Hall v.
Warren, court held that where each land is distinct in its own ways so it was further said that
specific performance shall be available for each course of such act in every contract concerning law
of land(Yang, and et. al, 2018).
The court in certain cases puts bar or limitation from providing this relief. Where the formation of
contract unclear and void. The nature of such agreement for this remedy is infeasible. The major
element meeting of minds is missing or where no consideration is found then such contract becomes
unenforceable. There has been controversy regarding specific performance as most effective
remedy which is granted to party in extraordinary cases. Specific performance is towards pricer
side for dealing such case. It may discourage from committing breach of agreement. In the case
of Makdessi v. Cavendish Square Holding BV, it was held that under contract parties are obligated
to be refused by court for specific performance where damages and compensation can be given in
such breach of law(Kaneko,2019).
Corporate Social Responsibility is a business model which consolidates environmental and
societal issues in respective organization. In other words, it is referred as extension from company
side to contribute in society whether directly by giving funds and donation of its profit or indirectly
by introducing policies which are in best interest of environment at place of employment. It is a
state of modifying its global and local society. Organization adopting this concept are obligated to
be bound by society norms. Further there are four major factors regulating in Cadbury company
which incorporated CSR Model in their business planning.
Environmental responsibility, regarded as one of most important aspect of Corporate Social
Responsibility. It ascertains that behaviour and conduct of company must be in best interest of
environment. Organizations can restrain such problem by holding schemes for initiating awareness
about reduction of pollution, waste and water consumption in their production houses. The Cadbury
has reduced carbon discharge approximately by 10% and held Purple goes Green initiative
resulting estimate of 50% decrease in its discharge. It has also acquired aim with 10% approx less
consumption of water.
Ethnic Responsibility refers to company policy which must be just and proper operating within the
company and outside the organisation. The main purpose is to focus on equal treatment and fair
opportunity. It includes client, customers, employees and investors etc. The enterprise is obligated
to ensure non discriminatory norms, culture and atmosphere for its staff working in its premises and
maintain healthy relation between employer and employee. The Cadbury Company has contributed
in creating website which is Dearcadbury.com for public opinion on their products and providing
right source for its intake being environment friendly. For instance if enterprise lacks in providing

minimum wages then it can introduce measures to pay its employee corresponding as basic ethical
obligation(Jones and Comfort, 2019).
Economic responsibility, occurs where a company dealing with cases of financial transaction and
agreement which result in huge amount of gain to enterprise also increase the economic value of
nation. For instance employer producing goods under a contract making profit sustaining with both
organization and government even if it includes unusual charges. Where other companies
committing extraneous brick of chocolates using confectionery bricks but Cadbury company
confessed production by usage of starch and flour. It focussed on purity and best quality. The
campaign was Absolutely pure and best promoting growth of company. Where other factories of
chocolate made its workers work like slaves day and night. The Cadbury Company believed in
making close bond with its staff.
Philanthropic Factor, refers to Corporate Social Responsibility where an organisation gives
specific proportion of share on constant base to the social groups. There are numerous enterprises
choosing to give their shares to charitable institution while some of them make their own non profit
organization in society for a special cause. Cadbury company main audience are schools,
consumers and its employees. The confection became one of the major field in market. Its website
Dearcadbury.com initiative of connecting with its clients and consumers created an impact in
society. The organisation worked in best interest of environment . The enterprise originated from
social consultants Goodbrand &Company. It further ensured restoring trust on their brand.
The advantage of corporate business model , provides benefit comprising both society and
organization. Some of them are considered essentially critical. Firstly, concerning enterprise the
behaviour of Corporate Social Responsibility proved to be fruitful in terms of advertisement of
establishment by indulging with clients. It can make amends regarding contentment of workers.
This model of business provided assistance with respect to efficiency of product identification of
organization . This initiative assisted market value of company in the eye of its customer and
society in general.
Moreover, it constitutes several facets resulting prosperity of the enterprise in market(Almahrog,,
Aribiand and Arun, 2018). .
It is considered that both this corporate model and business comprises certain elements. First, factor
of company to attain supreme profit without laying back regulations and policies of organization
which it is obligated to follow. Further corporate conduct and CSR are connected on business level
but varying distinctively if being compared with one another.

Conclusion
From the above essay it has been concluded that under common law of UK specific
performance plays major role as is one of the most effective form of remedy under contract law.
The brief analysis of Cadbury Company using Corporate Social Responsibility as key element.
Its major part of income is donated to society for well being of environment. It can be achieved by
engaging in financial transaction. On other hand ethical basis provides business conduct being right
and wrong in a sense impacting externally on individual. The main focus of CSR to largely provide
profit socially and economically in terms of ethics . Goal is to provide maximum gain to its owner
and staff of company.

References
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Jones, P. and Comfort, D., 2019. Storytelling and corporate social responsibility reporting:
A case study commentary on UK. food retailers. Journal of Public Affairs, 19(4), p.e1834.
Kaneko, Y., 2019. Contract Law in Myanmar: An Outcome of British Colonial Law. In
Civil Law Reforms in Post-Colonial Asia (pp. 21-51). Springer, Singapore.
Sadual, M.K., DAMAGES FOR BREACH OF CONTRACT UNDER INDIAN
CONTRACT ACT-1872.
Student, A., 2021. To examine the added value of implementing Corporate Social
Responsibility practices on the UK supermarket industry, a case study of Tesco PLC 2015-2020
(Doctoral dissertation, University of Chichester).
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