Law for Business Managers: Contract Law, Business Structures, Safety

This report provides a comprehensive overview of key concepts in business law, including the distinction between offers and invitations to treat, supported by relevant case law such as Pharmaceutical Society of Great Britain v Boots and Carlill v Carbolic Ball Co. It then analyzes different business mediums, specifically sole proprietorships and partnerships, offering advice to Claire and Ric on suitable structures for their business management consultancy, along with the advantages and disadvantages of each. Finally, the report addresses health and safety legislation, advising Josephine on the implications of working conditions for her employees. The report is structured into three parts: the first focusing on contract law, the second on business structures, and the third on health and safety, providing a well-rounded understanding of legal aspects relevant to business managers.

Law for Business Managers

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY ..................................................................................................................................3
PART 1............................................................................................................................................3
Discuss, with reference to key cases, the difference between an offer and an invitation to treat
.....................................................................................................................................................3
PART 2............................................................................................................................................5
As per law of business provide an advice to Claire and Ric with two suitable mediums. Also
give advantage and disadvantages of it.......................................................................................6
PART 3............................................................................................................................................8
Advise Josephine over implication of such working conditions for her employee as per health
and safety legislation...................................................................................................................8
CONCLUSION................................................................................................................................9

INTRODUCTION
Law are those set of rules and regulations that has been formed in order to deal with
various kinds of wrong that has been formed to maintain discipline within an country. Laws in
general are amended to make sure that discipline and order has been formed within a country. It
covers various aspects exiting within a society. Business laws are those rules and regulations that
has been formed for making an business organization establishment possible in legal manner
without violating any guideline stated. Scope of these laws are wider as they have tendency to
deal over various kinds of elements related to business. Nature of business laws is dynamic due
to vibrant impact and help that is been provided to cover objectives and goals in easy way. This
file is based over contract law and business organizations. Three parts are there in the file out of
which first part contains questions that is based on invitation to treat. Second part consist of
scenario that is related to business organizations. Third part consist of another scenario that is
related health and safety provisions.
MAIN BODY
PART 1
Discuss, with reference to key cases, the difference between an offer and an invitation to treat
Contract laws are the laws that deals over forming of agreements which has helped in
managing of relationship between two parties that are coming into agreement. These laws are
being formed in order to deal over that kind of guidelines that has been made by government
under the prescribed laws. Various elements are there that has been dealing over formation of
contract in legal manner such elements are offer, acceptance, valid consideration and legal status.
Offer means when an idea to perform a contract has been presented. Then comes acceptance
which means accepting idea or the offer that has been made. After this comes consideration that
keeps an check over various guidelines that has been issued by parties to come into contract.
Legality in this element activity of the contract is checked that makes it legal in the eyes of law.
Under these elements all basic factors related to contract is covered. Invitation to treat is that
kind declaration which is dependent over the willingness of entering into negotiations and cannot
be accepted over binding contract. In other words the treat is mealy an announcement to another
person that is prepared before entering into contract over certain things with services. In order to

understand in more clear manner cases in relevance to this is explained. Relevant cases to this is
explained as follows
Pharmaceutical society of great Britain V Boots this case is based over Boots that has
introduced the self service system within the shop. Under this customer has to take goods by
themselves through the shelf and then put it within the basket. Then they are required to take
goods to cash counter for doing payment that makes there purchase to be completed. For this
purpose Pharmaceutical Society of Grate Britain for the purpose of making legality of system
that is regarding selling of pharmaceutical products which is required to be sold in the presence
of pharmacists. Under this court is required over identification which makes contract that has
come into existence. Finally it was held by court that shelf constitute with invitation to treat
which has been made and is not considered to be offer. Customers can take goods only when
time to purchase has come (Ramachandran Alam and Goh, 2020) .
So, finally court held that goods over the shelf has to constitute over making invitation of
treat that is not considered to be an offer. It the shop assistance that makes customer to take
goods till the time purchase has been made of good this is not considered to be a valid contract.
This has to found that shop assistance is made over accepting the offer. It was found by the court
that contract is therefore concluded till presence of pharmacist.
Another case law is Carlill v Cabolic Ball Co this case court of appeal has been made. In
this case court of appeal. In this it was held by newspaper advert that has made defendant and
stated that hundred euro reward is required to be paid by Carbolic Smoke Ball of an organization
that has made an contract to be influenced after hitting the ball that has to be used for daily two
weeks according to directions printed over supply of each ball. Then thousand euro should be
deposited with Alliance bank, shewing with sincerity in such matter. Mrs Carill purchased some
smoke balls and uses them as per the direction and caught flu. In the claim hundred euro reward
has been made. The arguments raised by defendant in the following arguments over
demonstration of advertisement and is considered with an invention to treat rather an offer to be
made.
Advertisement of sale puff and lack of intent is required to be offered and this is not
possible for making an offer to world. Notification has to be made over acceptance. Wording is
too wide for constituting an offer since with no stating of time with limit as to catch flu. In this

there was no consideration provided over the offer with no specification that user of balls should
be purchased by them (Culinovic-Herc and Filipovic, 2017) .
Under this court of appeal held that Mrs Carill is liable to take the reward as
advertisement has only made unilateral contract. Under this acceptance has been done over
performing condition which has been made through offer. All the arguments presented by the
defendant has been rejected by the court upon following basis that has been presented as
follows :
 Statement referring over making deposit of thousand euro is to be demonstrated through
having an intention and does not meet sales requirement.
 An offer has been made in order to make offer through out the world. In unilateral
contacts no requirements was there for an offer communication with intention and does
not meet sales requirement.
 There has to be some kind of skills that makes an capability to be developed over solving
of dispute that has been made confining over flu and caught when using balls.
Another relevant case that is related to invitation to treat is Harvey v Facey
Under this Privy Council held that no contract has to be accrued which has been
concluding between parties. Facey is not required to give answer to the question in direct way
that has been asked first. As the question was related to selling at lowest price was just
responding over request for information not to an offer. Then evidence has been made over the
intention that has been sending telegram by Facey which has been considered as an offer.
The description that has been mentioned above is related to making concept through
invitation to treat are not offer. Major difference is that invitation to treat an offer in direct
manner deals with invitation to treat that is dependent with acceptance.
PART 2
Case scenario: Claire and Ric wishes to start an business as Business Management Consultants
in Hitchin, Hertford shire. That is why an approach was made by them to the local bank, Hustle
PLC in order to take loan for paying of some IT equipment and software licenses. The bank has
been willing to give money provided that what business medium is being approached by Claire
and Ric for doing business.

As per law of business provide an advice to Claire and Ric with two suitable mediums. Also give
advantage and disadvantages of it
Business laws are that type of laws that has been amended in order to help an business
organization to perform activities in decent manner. Such laws has been framing an concrete
structure that has made over forming an business organization. There are various guidelines that
has been given over forming an organization. Various kinds of businesses organization exists
that acts as a medium of business also (Jervis, 2018) They are sole proprietorship, partnership,
private company and public company. Further they are being explained as follows:
Sole proprietorship: These are being considered one the simplest from of organization
to do business. Sole proprietor is not considered to be an legal entity. These are being refereed as
that kind of businesses in which owner of business is an individual and hold responsibility
regarding business. Under an sole proprietor the name of the business is just for the sake of
keeping it. It is not an separate entity then that of its owner. Name of an business organization is
only taken to attain licensee. These kind of businesses is having very simple process for forming.
No complex documentation is required to be submitted and cost invested is less. An sole
proprietor is required to register itself only when secured kind of license has to be issued to him
or her. Business organizations of these kinds are having distinct disadvantages under which
liability is hold by the sole proprietor to pay debts in personal manner. Also these kind of
business organization is very easy to be formed. If any kind of problem happens then owner of
the business has to pay all the debts that is due. Various businesses of sole proprietor also has
certain advantages and disadvantages of having such business organization has been explained as
follows:
Advantages of the Sole Proprietorship
 It is very easy for establishing and also cost invested is low.
 These organization carries no documentation of complexed nature.
 Also tax has not to be paid by such organization.
 Personal asset can be mixed with that of business.
Disadvantages of the Sole Proprietorship
 Owner of business is being held liable for damages done with the liability of covering of
debts, losses and liabilities in an business.
 In this capital is being raised by selling interest within a business.

 Sole proprietor is being rarely which makes survival of death within the owner and
cannot retain the value.
Partnership: In these kinds of businesses organization that has been formed by two or
more than two persons with an common motive of earning profit. Under this consideration and
guideline is being related to is being explained under Partnership Act. In this various kinds of
things has been explained with the association of two or more persons that is required to carry on
the business with an common motive of earning profit in the from of partnership. In this
intention of forming an partnership. Various intention is required in an partnership. Various
kinds of offer is been given to the owner which provides them with flexibility over operations of
an organization through operations. In this limited partnership and liability over and degree.
Partnership can be formed through both mutual and written from which has been sharing trough
mutual consent. Under this an partnership agreement is required to be formed within the parties
in order to provide it legality. As the main purpose is to earn profit. These agreements is
responsible to form an partnership agreement responsible to make an partnership for gaining
result. Agreements is responsible to form partnership under the gaining result that makes it
filling of lawsuit possible. Further advantage and disadvantages has been explained as follows:
Advantages of the Partnership
 Establishment of partnership is very easy to be formed and is not expensive also.
 Owners can establish partnership in easy and inexpensive way.
 Partnership is being required over gaining of annual meetings required over formalities
basis (Tari Schreider, 2017) .
 Favouring taxation is being offered with similar kind of business.
 Partnership is required to pay minimum taxes that is required to be done with cooperation
Disadvantages of the Partnership
 Owner is subject unlimited personal liability for the loss and liabilities within the
business.
 All partners are required to take action as per the situation that can make it complex at
times to run partnership firm. Also this makes decision making slow.
 Sometimes problems can arise or dispute can happen between the owners that results into
dispute and dissolution of partnership firm.

PART 3
Case scenario: In this case Josephine is the founder and director of “Best Body Ltd”
which is a successful company that produces locally sourced vegan food with drinks and snacks.
In it currently there are 20 employees working within the factory in which production and
packaging is done of Best Body goods. Various negative comments is being made by Josephine,
employees over the factory condition. Also they have made complain regarding expose wire,
leakage in machine that has made factory floor very much slippery and lack of fire extinguishes
within the building. Over that doors of fire exit does not open and no written health and safety
standards is followed (Bird, 2016).
Advise Josephine over implication of such working conditions for her employee as per health
and safety legislation
Health and Safety at work Act 1974 in this act various kinds of duties has been placed of
the employers that has been formed for protecting health, safety, and welfare at workplace. This
has been making employees to feel safe at the place where they work. Lot of things has been
covered under the act by keeping casual workers, self employment, clients, various and general
public. These duties are being required over qualifying and following amendment or Act that has
been introduced. Under this employees is required to argue regarding the safety measures that
has not been done in justified manner. This has been allowing government to be dealing through
various issues that has been accrued through safety of employees. Also certain guidance and
regulations has been given up by the government that has been making an concrete framework
that has been approved under code of practise for employees. Further various duties have been
there over the responsibility that has been making employer with covering over lot of aspects at
work place that is covered under. Such duties is there for following employees in order to ensure
that safety and health standards has to be maintained in an organization. These duties are being
mandatory being followed over making an employees in better manner that has been impacting
all kinds of Safety at Work Act 1974. Health and safety which has to be maintained at
workplace and these duties are given as follows:
1. In this duty employer has to be provided with a strong system that makes promotion by
maintaining all kinds of safety measures. It is helpful for an employee to develop both
health standards and quality within an organization.

2. These are the duties of an employer that has been making an organization gain security
measures for making secured workplace. This includes making all equipments related to
security to be used fro monitoring safety measures of employees. Also hey can use
fingerprint machine and high definition camera (Agarwal, 2018) .
3. One more duty of employee is to make sure that equipment that is being used fro
completing process is relayed to making accomplished of a task. Under these conditions
various equipment are required like machinery and tools has to be check. Technology is
being covered with various aspects to be analysed.
Such duties that has been mentioned above is there for covering lot of aspects and
conditions that has been impacting working process in order to make sufficient effect. These
duties are bound to be followed by employees that has been making and environment at
workplace which makes its safe and secure for employees.
Form the above case it can be seen that employees working in “Best Body Ltd” is
working there an proper safety measure is not being provided to them and they are working at
high risk over there. The organization is required to follow all kinds of standards that has been
mentioned under. So, as per this it can be seen that Josephine is there to take care all the
problems that has been disturbing environment of workplace. So for this purpose it is required to
have proper responsibility by appointing a team to monitor over the problems and submitting the
report (Siedel and Haapio, 2016.) .
CONCLUSION
From the above file it can be marked out that business and laws has been are interrelated to
each other that has been helping in establishing of business organization in an country.
Further in this file invitation to treat has to be offered and revenant cases has been covered
as per the given case scenario. In the end specific act has been explained regarding health
and safety of employees.

References
Books and Journals
Siedel, G. and Haapio, H., 2016. Proactive law for managers: A hidden source of competitive
advantage. CRC Press.
Agarwal, A.K., 2018. Business law for managers: Kaleidoscopic tales.
Tari Schreider, S.S.C.P., CISM, C. and CISO, I., 2017. The Manager’s Guide to Cybersecurity
Law: Essentials for Today's Business. Rothstein Publishing.
Jervis, F.R., 2018. Bosses in British business: managers and management from the Industrial
Revolution to the present day. Routledge.
Culinovic-Herc, E. and Filipovic, M.B., 2017. Corporate governance issues in closely held
companies-conflicting interests between shareholders and managers with emphasis on Croatian
law and practice. In 4th INTERNATIONAL MULTIDISCIPLINARY SCIENTIFIC
CONFERENCE ON SOCIAL SCIENCES AND ARTS SGEM 2017 (pp. 409-420).
Ramachandran, J., Alam, N. and Goh, C.E., 2020. A win-win situation for both managers and
shareholders. Managerial Finance.
Smith, N.C. and Rönnegard, D., 2016. Shareholder primacy, corporate social responsibility, and
the role of business schools. Journal of Business Ethics, 134(3), pp.463-478.
Edelman, L.B., 2016. Working law: Courts, corporations, and symbolic civil rights. University of
Chicago Press.
O'Leary, J. and Sandberg, J., 2017. Managers' practice of managing diversity revealed: A
practice‐theoretical account. Journal of Organizational Behavior, 38(4), pp.512-536.
Rammeloo, S., 2019. Companies & Firms in a Cross-Border EU Context: The Hybrid Legal
Status of Managers in Cross-Border Civil Procedural Law… and Further…. European Company
Law, 16(4).
Law, K.K. and Mills, L.F., 2017. Military experience and corporate tax avoidance. Review of
Accounting Studies, 22(1), pp.141-184.
Misenti, N.C., 2017. The Evolution of the Illinois Super Business Entity and Absolute Limited
Liability for LLC Members and Managers. Atl. LJ, 19, p.20.

Leisinger, K.M., 2018. Using the World Ethos Body of Thought as a Compass for Managers
some Thoughts on the Practical Application of a Philosophical Concept. Humanistic
Management Journal, 3(2), pp.147-159.