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Importance of Business Law in the Organisation

University: Southern Cross University

  • Unit No: 2
  • Level: High school
  • Pages: 11 / Words 2647
  • Paper Type: Assignment
  • Course Code: LAW00150
  • Downloads: 56
Question :

This assessment will cover following questions:

  • Identify the legal issues related with the problems.
  • Implement understanding of the law to identify the relevant rules or statutes for the problem.
  • Evaluate the relevant cases and there legal rules.
Answer :

INTRODUCTION

Business law is the crucial topic which tells that how any of the business is needed to perform within the market. There are several branches of business law for example: contract law, intellectual property law, company law etc. Whenever any of the decision is required to be taken for commercial transactions then base should be of business law as it will guide to take corrective measures. In present situation, legal consideration are increasing day by day in order to reduce the percentage of illegal activities within the business organisation which will directly improve the level of economic condition of the nation.

PROBLEM1

A) What Is The Issue You Need To Consider?

In context of the given case scenario, it was found that Charlie and his sister Ali wants to enter into the contract where certain clause were included. But, it was Charlie who didn't perform his work as per the rule and regulations. By looking at this point, it will be important to find that whether contract which was prepared is legal or not. Also, it will be crucial to check that whether in any of the situation the case which is required to filed will be valid or not.

B) What Are The Relevant Legal Rules Relating To This Problem?

Whenever this types of cases arises, it is needed to understand that is law relating to this particular case is valid or not. Is there proper laws and regulation have been followed or not relating to Contract law. Also, the most important thing which is needed t be considered is that whenever this types of situation arises it is needed to be checked that is any of the party had the intention or not to enter into the contract.

C) What Are The Main Cases Related To This Problem?

Ashton v Pratt [2015] is the case which is relevant to this respective issues. It was the case where judgement was declared on 16th February, 2015. In this case, the judges decided that all of the condition is not applicable whenever contract is made between siblings as there is the relation of family member (Beatty, Samuelson and Abril, 2017). By, it doesn't mean that when contract is formed to breach. In simple words, the terms and condition were breached by the business organisation. 

D) Based On This Information, If Ali Sues Charlie For Breach Of Contract, Will She Win In Court? What Is Your Answer – Yes? Or No? Explain Your Answer.

The given case was clearly suggesting that Charlie didn't perform his part of work which falls under the category of breach of contract. In this respective situation, Ali will able to Charlie and even court will declare the decision in favour of Ali. In short, Charlie will have to compensate Ali because she was the one who has to suffer just because of opening of new store in the area of 2 km.

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PROBLEM 2

A) What Is The Issue You Need To Consider?

The scenario of the case says that Nick want the tight security at the time of conducting the program within the university but it was found that he wants a senior police officer who can look after the party. Here, both of the them agreed to do patrolling in consideration of money. But, Nick denied to pay after the end of party. The main thing which is needed to be find is that whether compensation should be done or not to team of policy.

B) What Are The Relevant Legal Rules Relating To This Problem?

It was the case where payment was required to be made on the basis of work performed by the party. The relevant legal rule which can be used in this respective case is related with intention. The law of Contract says that whenever there is the intention of party to do contract they are needed to react as per the situation (Mikami, 2016). It is bounded that any of the person most perform their part of work if terms and condition has not be altered.

C) What Are The Main Cases Related To This Problem?

The case which suits this respective case is related with  Balfour v Balfour where it was clearly indicated that whenever any of the party tries to enter into the contract their must be the legal intention and if in any of the condition there is no legal intention then problem may arise. It is said that contract can only be completed successfully if there is valid intention of the party.

D) Based On This Information, If Ali Sues Charlie For Breach Of Contract, Will She Win In Court? What Is Your Answer – Yes? Or No? Explain Your Answer.

As per the above scenario, if police department sues Nick then in that respective situation Nick will not succeed in that respective situation. Because, department of policy was offering free services of patrolling but Nick was the one who wants the officer to check the security where they had demanded $1000 which is a valid points in the case. Here, Nick will have to pay the department of policy.

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PROBLEM 3

A) What Is The Issue You Need To Consider?

The case was about disagreeing on the terms and condition on the offer made. The main thing which was needed to be focused in the case is that whether Mike has the responsibility to pay Helen or not. Although, Mike as worked as per the counter offer made by Helen.

B) What Are The Relevant Legal Rules Relating To This Problem?

According to the particular situation of the case, it was found that Helen is not performing as per the requirement of law. Here, rules regarding certainty of work performed will be applied. Rule of certainty says the second party can only perform their part of work in the situation where first party have completed the terms and condition.

C) What Are The Main Cases Related To This Problem?

Talking about the similar case, Beaton v McDivitt (1987) 13 NSWLR 162 is the one. In this case it was decided that as if one party complete their part of work then in that respective situation another party will not have the option to deny on the agreed terms and condition. Looking at the situation of the case, the decision which has been taken by Helen is totally against the terms and condition of agreement (James and Thomas, 2019).

D) Based On This Information, If Helen Sues Mike For Breach Of Contract (Common Law), Will She Win In Court? What Is Your Answer – Yes? Or No? Explain Your Answer.

No, if in any of the circumstance Helen sues Mike for the breach of contract then in that respective situation Helen will not succeed in the case. Also, Helen will have to ensure that she will not ask for the remaining amount of money because counter offer was made by the Helen on which Mike had agreed and completed the terms and condition.

PROBLEM 4

A) What Is The Issue You Need To Consider?

The matter in this case which is needed to be seen is that whether company has the right to prepare own rules and regulation which directly or indirectly contradict the main law. Here, Lizzie was force to pay the additional charges for DVD which she kept for additional 8 days. The main thing which is needed to be checked is that whether DVD shop has the right to charge additional (Beatty, Samuelson and Abril, 2018).

B) What Are The Relevant Legal Rules Relating To This Problem?

As per the scenario of case, the right legal rule which can be applied in this case is that Formation of contract can be made without considering the rules and regulation of law or not. But according to legal terminology, any of the party will not be able to commence any of those rules and regulation which contradict the law and term passed by the statutory body. If in any of the situation this sort of activity will be performed then those terms and condition will not be valid.

C) What Are The Main Cases Related To This Problem?

One of the case where similarity can be found with the given case is Hart v O' Connor. It was the case where O' Connor prepare the plans and policies for their employees which doesn't matches with employment law. By looking at the situation, judges decided that Hart will not be charged for any of mistake because formation of Article of Association was not correct as it was against the terms and condition of law.

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D) Based On This Information, If The DVD Store Sues Lizzie For Breach Of Contract (Common Law), Will The Store Win In Court? What Is Your Answer – Yes? Or No? Explain Your Answer.

By taking the reference of above case, it can simply be said that the DVD store will win the case but in this respective situation the DVD industry says the if delayed has been done to provide the DVD back on time. Then, in this particular situation $5 will be charged for per week. Looking at this respective situation Lizzie will be bound to pay only $10 in this respective situation.

PROBLEM 5

A) What Is The Issue You Need To Consider?

The main issues that must be considered in the case is related with the formation of terms and condition. It is required to check that whenever any of the person form the laws and policies does they have the right to form those condition which doesn't make any of the sense or against the law. In addition, who has the responsibility to read the terms and condition before entering into the contract.

B) What Are The Relevant Legal Rules Relating To This Problem?

The legal relevant law which is needed to be focused is whenever any of the services are being availed by the person they are required to read the terms and condition of the law. The law simply explains that whenever any of the person purchases any of the product they must be aware and in addition, it is the duty to seller that they must provide the relevant information about the services which they are offering.

C) What Are The Main Cases Related To This Problem?

Taking about the case, one of the similar case related to the above given scenario is Hughes Aircraft Systems International v Air services Australia [1997] FCA 558;(1997) 146 ALR 1. In this respective situation, the judges of the court decided that whenever any of the air company deals with their customers they are required to provide all of the relevant information and services which they are going to provide (Lin and Ewing-Chow, 2016).

D) Based On This Information, If Tori Sued The Dry Cleaners For The Destruction Of Her Dress Would She Win In Court? What Is Your Answer – Yes? Or No?

Yes, if in any of the situation case is filed against the dry cleaner then in that respective Tori will win it. Firstly, it was the duty of dry cleaner to provide relevant information that what can be outcome if any of the further damage occurs (If your clothes have been lost or damaged by a dry cleaner, 2019). Secondly, it was the duty of dry cleaner to take care of the cloths which has been given to them. Here, the dry cleaner will have to compensate Tori for not taking care of the product which has been given to them.

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PROBLEM 6

A) What Is The Issue You Need To Consider?

In this respective case, it was found that Sandra is pointing out the mistake of Mr. Smith because he suggested Sandra to buy which type of copier so that any of the work can be performed as per the requirement. Now, it is necessary to check whether Mr. Smith will be held liable or not just because he was the person to advice Sandra.

B) What Are The Relevant Sections Of The Victorian Sale Of Goods Act?

As per the guidelines of Victorian Sales of Goods Act, 1958 it can be said that whenever any of the person purchases any of the product from any place, it is their obligation that they must check and meet out the their personal requirement. This explanation has been discussed in the first part of second division under Goods Act, 1958. If any in any of the situation customers doesn't focus on the product at the time of purchasing then it will be the default of purchaser (Goods Act, 1958).

C) What Are The Main Cases Related To This Problem?

There are number of cases which has been declared by the court that whenever any of the cases if filed related to Goods Act, the judgement of court always remain same that it is the obligation of buyer to give proper focus on the product which they purchase. Similarity, Petelin v Cullen (1975) 132 CLR 355 (High Court), was also the case where court room decided that buyer must have checked the product before buying. They are not allowed to point out any of the issue at the one who has given the advice.

D) Based On This Information, Does Sandra Have Any Rights Against Smith’s?

Looking at the above circumstances, it can be understood very easily that in any of the situation Sandra will not be able to file any of the case against Mr Smith. But, if in any of the situation they does the same then Sandra will not succeed as decision will be declared in the favour of Mr. Smith.

CONCLUSION

In simple words, the above mentioned file wants to explain that business law plays the crucial role and it becomes very important for the organisation to work according to the guidelines. Even it is necessary to understand that whenever in any of the situation contract are being formed then in that particular situation it become crucial to work according to the guidelines. If any of the person fails to do so then in that particular situation legal action can be taken upon the party. The party which breaches the terms and condition will have to compensate the innocent party as they are the one who has to suffer just because of contractor party.

REFERENCES

  • Beatty, J. F., Samuelson, S.S. and Abril, P.S., 2017. Business law and the legal environment. Cengage Learning.
  • Mikami, K., 2016. Cooperatives, transferable shares, and a unified business law. Annals of Public and Cooperative Economics. 87(3). pp.365-390.
  • James, N. and Thomas, T., 2019. Business law. John Wiley & Sons.
  • Beatty, J. F., Samuelson, S. S. and Abril, P. S., 2018. Essentials of Business Law. Cengage Learning.
  • Lin, L. and Ewing-Chow, M., 2016. The Doing Business index on minority investor protection: the case of Singapore. Sing. J. Legal Stud., p.46.
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