In-Depth Case Study: Examining Legal Issues in Management Context

This case study explores various legal issues arising in a management context, focusing on contract and tort law. It analyzes scenarios involving a businessman, Samuel, and his dealings with suppliers and employees. The issues discussed include the formation and revocation of contracts, liability for negligence, and wrongful dismissal. The analysis applies relevant legal principles and case laws to determine the rights and obligations of the parties involved, such as whether a verbal agreement constitutes a valid contract, whether an employee is liable for damages caused by their negligence, and whether an employer can dismiss an employee without notice. The conclusion summarizes the key legal concepts and their application to the specific situations presented in the case study. Desklib provides access to this and other solved assignments for students.

Legal Issues for
Management
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INTRODUCTION...........................................................................................................................2
MAIN BODY..................................................................................................................................2
Facts summary.............................................................................................................................2
Issues in Discussion.....................................................................................................................3
Issue A- Whether an Ross made an offer to Chandler? If yes then can it be revoked at any
time?............................................................................................................................................3
Issue B - Does contract formed can be terminated over terms not specified within contract
formed?........................................................................................................................................4
Issue c- Do Hannah holds liability over the accident?................................................................4
Issue c- Can Ross dismiss Monica under “gross misconduct” through particular job without
any notice?...................................................................................................................................5
Issue d- Whether combine tractor owner is liable to attain compensation over repairs from
Samuel or Hannah?......................................................................................................................5
CONCLUSION................................................................................................................................6
REFRENCES...................................................................................................................................7
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INTRODUCTION
Legal issues mean those aspects which is based over dealing with various problems raising
upon legal perspectives. The issue is based over different laws existing within society helping
over solving problems with more appropriate legal solution. Further, legal issues are solved with
appropriate law making justice served as per legislation provided over it. The legal issues that
has been discussed within the given scenario is based over contract and tort law. Contract laws
are those laws which has been used in order to make agreements formed by two people. Also
these laws are used in order to make sure that an agreement is turned into legal contract with the
help of elements justified for it. Tort laws are those laws which are used in order to deal with day
to day misconduct performed by an individual. In this case study essay has been discussed with
various situations.
MAIN BODY
Facts summary
The scenario is based upon business man Samuel having various restaurant and its uniqueness
based over regional ingredient. He has proposed two years contract with Spring Farm over
supply of hand-reared lamb for which price with quality is defined on monthly basis. In order to
get permission over the contract joint partners are required to be involved. As the process was
initiated Samuel got recommendation over quality lamb which is supplied by Bank Farm and
contacts its manager Ryan (Marney and Stubbs, 2021). Samuel asked to supply hand reared lamb
for 2 years to him form Ryan. The contract was agreed verbally by Ryan and Samuel seeks
advise from lawyer about it. Then an email is send to Samuel from Spring Farm’s manager
Jordan about accepting the contract but Samuels calls over revoking the offer which makes
Jordan frustrated as he cancelled and alternative deal for the contract. The first delivery was
made by Rayan and sales increases for Samuel. One of Samuel’s client after enquiring about the
lamb brought from Bank Farm comes to know that it is not hand reared. Samuel gets angry as
reputation risk may damage his restaurant. The Samuel call Ryan for cancelling contract Rayan
refuses to do so. Samuel is willing to meet Ryan for which he asks Hannah to drive him as he is
drunk but she says that her driving test has cleared recently and does not possess perfection in
driving. As they reach near Bank farm entrance Hannah is not bake to apply break causing crash
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of car within truck near the gate making Samuel not wearing seat belt is thrown out of window
screen making her suffer from severe injuries related to spine and tractor also got damaged.
Samuel held Hannah liable for gross misconduct without any notice.
Issues in Discussion
After analysing the above scenario different kinds of issue has been marked out as per the
scenario which are given as follow:
a) Does Samuel made offer to Rayan and if yes then can it be revoked?
b) Do Hannah holds liability over contract?
c) Can Samuel dismiss within “gross misconduct” from the job without any notice?
d) Whether tractor owner can attain compensation over damages caused by Hannah?
These issue has been identified through common law principles with appropriate legislation
an and common law applied to them. This approach has made interpretation of appropriate
legislation possible more effectively within the issues.
Issue A- Whether an Ross made an offer to Chandler? If yes then can it be revoked at any time?
In context has been mentioned upon issues related to contract law which has been applied in this
scenario. These laws are based over developing agreement between parties in valid manner
through using elements of contract which are offer, acceptance, obligation and legal relation
(Dixit and et. al. 2019). The main point of discussion marked from this scenario is revocation of
contract dealing with agreements that has been cancelled for making cancellation of offer by not
accepting it in any circumstances. Through revocation of offer it can be marked out that four
conditions are required to be justified which are by death of person, lapse of time, revocation and
counter offer. According to case scenario it has been marked out that Samuel and Rayan has
entered in contract which has been initiated as acceptance was made within it. Though offer is
made by Rayan to Jordan which cannot be considered as contract since Samuel did not accepted
it but in case of Ryan the offer is accepted which made contract initiated and formed. Since
acceptance is shown by Rayan verbally making contract to be initiated effectively making
contract formed more effectively. In order to understand the situation certain case laws are
presented which are Ramsgate Victoria Hotel v Montefoire in this case offered has been made
upon purchase of shares through claimant over organization related over amount of money which
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was required to be given after six months making refusal of ongoing sales. In this case court held
that offer is no longer upon nature of subject matter which is based over making offer lapsed
within time period. This makes application of claimant's action over specifying program
unsuccessfully. The case provided that offer after acceptance makes agreement formed with
liable breach of agreement. Thus the case proves that revocation of offer leads over cancellation
of contract which can be done only when contract has not been initiated. In this case first
segment of contract has been send which makes contract to be started leading over not
revocation done between Samuel and Ryan.
Issue B - Does contract formed can be terminated over terms not specified within contract
formed?
The issue that has been identified is based upon certain term like hand reading lamb which has
not been mentioned within contract(Dimond, 2021). Thus Samuels claim cannot be valid as it
does not break any contractual obligation and Rayan cannot break contract as he is bound by
obligation of 2 years. This leads over breach of contract which is placed upon contractual
obligation. The revocation can be valid from different view point that is Samuel deals with hand
ridden contract and breach of contract can be applied with breach of contract. Certain cases are
there to explain it which are Hyde v Wrench the fact of case is based over defendant which
makes offer over selling fam upon claim with an offer of £1,000. The claimant made an reply of
offer of £950 that is not accepted as the original offer was of £1,000. In this defendant has
In this defendant made refusal over selling claimant that is made in relation over specific
performance. The case court held that no contract has taken place as counter offer was made
which removed original offer making it irrelevant. Thus it has been marked out that contract
cannot be revoked as contract formed after making acceptance done over it. Another case
which can be marked out is Bannerman Vs White case, even an oral statement is regarded as
contract terms if the statement is significant in nature. Similarly in the RCS Contractors Ltd v.
Conway case it was ruled that oral statement can also form a valid contract term. Thus it has
been marked out that verbal agreement has taken place between Samuel and Ryan over lamb
that is based upon validity of contract that requires to be maintained by Ryan.
Issue c- Do Hannah holds liability over the accident?
In this case of accident made hiring of manager done by performing work within the
organization. It made Ross suffer stress both physical and mental manner so the law that has
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been applied within case scenario is law of torts holding responsibility upon duty of care is
taking place lead over causing harm to an individual. In this case Hannah holds liability over the
accident caused as she has been driving with lack of care which makes her breach duty of care.
Another case which has been identified is Donoghue v Stevenson within which new godliness
of modern negligence is established with the help of neighbour test that made breach of duty of
care part of negligence. The court held organization liable over negligence caused and made
compensation provided to claimant. As per the scenario it can be marked out that negligence has
been observed as Monica was driving recklessly. In this principle of Res Ipsa Loquitur is
applied making Monica liable over accident.
Issue c- Can Ross dismiss Monica under “gross misconduct” through particular job without any
notice?
This makes Samuel and Monica over ‘gross misconduct' without serving notice. In this
misconduct is based upon failure of fulfilling an obligation which is related to employees
liability making an unlawful act conducted with improper business(Craik, 2020). Also it is not
relevant to dismiss an employee without giving notice as per Employers Rights Act 1996. This
makes Monica seek remedy as per the act making legally liable for dismissal made by Ross.
Issue d- Whether combine tractor owner is liable to attain compensation over repairs from
Samuel or Hannah?
Also accident has caused damage over vehicle within which claim should be made vt trucj
driver. In order to prove this relevant case that has been used is MDS Inc. v Factory Mutual
Insurance Company (MDS) in this physical damage is made over loss of party. In this another
case has been used that is Cattle v Stockton which is based over physical damage that has been
taking place upon needs to make compensation that has been provided by owner. In the case
court held that compensation owner has been made over providing lability over accidents within
court as truck driver can attain compensation over liability of products which is required to be
given by Samuel as per vicarious liability within which master is held liable for act done by
servant.
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CONCLUSION
From the above discussion it can be concluded that legal issues are those perspectives which
has been used by legal officials for solving various issues that is related to contract laws are
discussed which makes issues solved more effectively. Then under it law of torts are applied
which are the laws required to be used for punishing small misconduct performed by an
individual on daily basis. Also in the essay relevant cases in relation over scenarios has been
explained.
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REFRENCES
Books and Journals
Dimond, B., 2021. Legal issues arising in the management, leadership, and development of
Allied. Managing and Leading in the Allied Health Professions, p.117.
Dixit, M.K and et. al. 2019. Integration of facility management and building information
modeling (BIM): A review of key issues and challenges. Facilities.
Marney, R. and Stubbs, T., 2021. Legal Issues in Restructurings. In Corporate Debt
Restructuring in Emerging Markets (pp. 253-324). Palgrave Macmillan, Cham.
Paleakkara, A., 2021. Awareness of Medico Legal Aspects of Clinical Practise and Common
Medico Legal Issues among Medical Graduates. Indian Journal of Forensic Medicine &
Toxicology, 15(1).
Weathers, M. and Sanderson, J., 2021. Social Media, Social and Legal Issues in Sport. World
Scientific Book Chapters, pp.313-344.
Zhiltsov, S.S and et. al. 2020. Legal Aspects of the Water Resources Management in Central
Asian Countries. Water Resources Management in Central Asia, pp.65-75.
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