Question :
This unit is based on business law considering the following questions.
- Evaluate business of law to contract and consumer
- Develop knowledge of employment law important for business personnel in UK
- Determine importance of business set up and the benefit/ drawback related to the process.
- What is the importance of arbitration process in resolving business dispute
Answer :
INTRODUCTION
Business law is considered as a composition of various laws and legislations that have been initiated in order to maintain a balance between all the processes and operations in an organisation. There are various aspects associated with it that helps in throwing some impact on the functioning of processes (Rajabi and Sharifi, 2014). The report is about discussing different scenarios and issues. Also, the preventive measures and legislations that can prove to be helpful have also been included in the report.
QUESTION 1
Businesses often contain standard sets of terms and conditions upon which they trade and that needs to be used correctly. If the Buildt Ltd. signed the contract before dealing and if the contract stated that the complaint will not be accepted if the defect is not reported within four weeks of goods being supplied then the Clear View Ltd. has the right contract. They proved to be superior and powerful as they have legal contract (Rajabi and Sharifi, 2014). According to the government law, if the contract would not have been signed then this damage was compensated by the supplier company. Though the terms and conditions given in the contract were printed on reverse of document but that are also included so the supplier Clearview Ltd.'s contract prevails.
QUESTION 2
As Pipeline Ltd. completed their duty as promised with an extra wage. But now remained unpaid. WG has promised to pay but now refusing to pay and that is not fair. So Pipeline Ltd, Acc. to government's law of consideration, A case can be filed against WG. The consideration must be sufficient and it must move from the promise (Rahman, 2015). So the Pipeline Ltd. can show the contract signed earlier and tell the whole of apparently due to drainage works and extra amount offered by WG but unpaid. The company will surely get its consideration of the work done.
QUESTION 3
Arbitration is the method of alternative dispute resolution that refers to setting of disputes by third party outside courtroom. It is a simple version of trial involving simple rules of evidences. It is headed and decided by the panel which contains either both sides agree on one arbitrator or each one selects one arbitrator; the two arbitrator elects the third one. Its hearings last for few days to week and they meet only for few hours per day. The panel then checks and gives a written decision (Posner, 2014). It is mostly used in labour, construction and but is now popular in business disputes. Compared to court proceedings, it is a relatively quick process (Born, 2016). It is highly flexible as compared to court proceedings. It is a confidential process. Parties can agree to arbitrator who have relevant experience. Some disadvantages are like; costs can be similar to litigation at court, limited appeal rights available, it is the party’s responsibilities to bear the cost of both arbitrator and the venue.
QUESTION 4
As the dinner service bought was just hand to hand, means no legal proof that product bought was said to be the work of Wally Cole. So, no case can be made based on these obligations. Even if any case is registered, the court asks for the legal proof and because it is not available, the court rejects the case or the judgement is against Amber (Boghossian, 2014). Next time before buying anything from anyone, make sure fully documented bill is provided to get saved from breach. No trusting such friends who sell products without any bill. Get full details about the product.
QUESTION 5
David must have made this thing clear to his boss of Country Pine because there are different rules and regulations of each company. It means that there are different norms of every organisation. There might be in the norms of the Country Pine that while working as a full time worker, any of the employees cannot work in any other company. But still, David was working and dealing antiques as well. Also, he was using the van of the Country Pine for his own business of antiques. This means using the resources of some other organisation for their own purpose and it is not legal. Therefore, it can be considered as to be right enough for the manager of Country Pine as he was making use of the resources of Country Pine for his own purposes and also, this can be considered as a sort of breach (Born, 2016).
QUESTION 6
As discussed in the case study, Rye Council made an agreement with the Flash Ltd. about the fireworks they were about to use. But when they didn't get burden, Rye Council complained the same to Flash Ltd. In reply to that, they showed the clause in the contract that they are not responsible for the quality of the crackers. So, this means that there is a fault of Rye Council that they did not go through the contract papers clearly because if they had gone through the same, there might be lesser possibility of this to happen (Khait, Falehand and Mrayyan, 2015).
CONCLUSION
It can be concluded from the report that there are various laws and legislations that have been proposed by the government in order to protect the rights of people. So, following and staying aware of each regulation is considered as one of the essential factors that can help in achieving all the processes and operations in an appropriate way.
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