This assessment will discuss the following question which is mentioned thereunder:
- According to UK law explain contract law and its requirements.
- What are the effective factors and action taken for negligence?
- Elaborate different business medium with their advantages and disadvantages.
- Elaborate the effective employment status which is used in order to manage the recruitment practises.
United Kingdom has always been very supportive and idealistic in creating general laws and laws related to business. This country passionately supports rules and regulations and making changes according to environment change is always kept in mind before creating any law. Business law is one of the most important and efficient law created by the government. It provides several guidelines an provision and rules which make all business organisations and individuals. This report consists of an case law with an circumstantial situation revolving around an business dispute which will be solved under provisions and rules provided in business law (Allen, and Kraakman, 2016).
1. (a) Define contract and the rulings to make an contract valid as per guidelines of england and whales law?
In every country rules and provisions are created on basis of environment, culture and environment of nation. Their are several things which are put in mind before creating any law or provision. Business law is very essential part of any country and united kingdom keeps all these changes in mind before making amendments or creating laws.
Contact law: this law was created to defines the basic nature of an valid contract. Their are certain terms which should be commenced before signing any contact papers. In simple terms this is called as a agreement between two people who seek to do business together. This includes all negotiations and demand which divide duties, responsibilities, liabilities & profit ratio of both partners. This law is the prominent law to be followed when signing such agreement.
Offer: this term means when working with some organisation, there are certain rules and regulations that should be followed by the person. These are clearly defined to this person to make it clear about all policies followed by company. This offer is the extension of giving job with certain rules that person either agrees to or doesn't (Friedman,and Hayden, 2017).
Consideration & Negotiation: this term is very important and should always be considered before signing any contractual deal. It has both sides negotiations and demands seek by both parties which should not be disclosed. These are to make sure that both parties are mutually into the contract and both are getting benefit in return out of this deal.
Acceptance: this is the eral rule of principle where after the fulfilment of all demands and listings of changes in the deal, both parties sign the contract which means providing their acceptance in the work. This is a simple term that defines acceptance of the members to be agreeing to all conditions and regulations mentioned in the contract (Bowie, 2017).
Legal bond: This bond or paper work which includes all legal provisions defines completion of contract. Here, both people are said to be agreeing to all things mentioned in the contract and this shall not be in any sort of misunderstandings and confusion.
Validity: this term means the time period in which the contract will commence and finish off. Validity is very important in any contract to define proper mutual compatibility of both sides. This defines period of time when the contract will be applicable or not. In order to complete an contract and make it as an valid agreement contract one has to follow all elements mentioned below and should always remember the key role and perspective of the contract.
(b) ringo's liability to pay or not as according to fact mentioned below?
The case provided define the relation of a son and father in which father governs and administers the business and the son as seek to perform one task in which he will get some proportion of work in return. The relation of family is not considered in law when treating a verbal contract between ringo and paul. The work done had a deal in the end to hand over a sum amount of money. This made a full cycle of valid contract from offer to acceptance between these two. Here, ringo was the one to breach and break the contract by making irrelevant justification for not paying the amount. Her his son is legally fully liable to receive all the amount promised by his father in return of the work he has done for his firm. Paul should seek his money back for the services he has provided for his fathers business and no person shall deny the fact of this contract. Not all contracts are written some are verbal as well which are treated legal if both parties are well known to each other and there is a very few ratio of cheating or breach between both parties (Kapottos, and Youngner, 2015).
2. Discuss the criteria that Jerry (as the claimant) would need to satisfy in an action for negligence.
Negligence: This term defines the condition where due to the non working or wrong doings of other person one has to be either financially or physically suffer. In this condition a person being a worker or an employee or person hired to perform certain task is not careful while full filling his/her job. Due to this negligence comes and destroys whole work, here even the person performing task can also get harmed. Negligence is some times avoidable but in conditions where a person can get physically hurt or might get a huge loss, here it should be taken care of very keenly (Kraakman, 2017).
Duty: Duty of an practitioner is to full fill al the work with full integrity and should always provide the best work. It is the moral and work duty of an practitioner to perform all tasks with full concentration and proper working conditions.
Breach: This condition defines the term where any person who does not full fill all demands and conditions of an contract and has failed to commence all important details of it. Here, any person who shall not be up to the mark of the contract creates breach in the agreement. This eventually is called break of agreement.
Cause: This is the most important clause to prove negligence in any matter. If the person does not have an cause negligence cannot be proven. This either has to be a very valid reason by which person should confidently perform the negligence and this sould not be intentional.
Harm: when cause happens it is very important to measure the relation between the harm the negligence has caused. It can be either physical, financial or mental, it depends on what harm has been caused to the person. In many cases sometimes even the practitioner himself gets affected and causes harm to himself (Lordkipanidze, 2018).
Their are several types of negligence to which accordingly the negligence is decided and its punishments:
Contributory Negligence in this condition, sometimes the client has to provide information about the work to be done. Certain things are not known to practitioner which might later become cause of negligence, in this case the client is responsible himself for his loss here probationer cannot be blamed.
Comparative Negligence: In this condition both the parties are held liable for negligence, no one party shall bear the loss and is divided amount both equally.
Gross Negligence: This defines a condition where the practitioner is fully liable and all loss either physical or monetary is his mistake. Even after the guidelines by client if any worker does not follow them, then such losses are uncured by the worker or his firm which hired him for job.
After understanding and analysing the whole case it can be concluded that jerry(client) is liable for each penny for recovery of his roof. It was not his problem what sort of new or old employee was performing the task. George should have been very careful while performing the task and in the end it should be concluded that all recovery of roof should be paid by Elixir Garden. George was not performing perfectly he was in a hurry to leave the place before time and due to this he did not measure the trees which caused the whole fuss. The non measurement of trees caused them to fall directly on the roof which caused damage to jerry's house. The negligence performed and considered in this situation should be gross negligence (Persadie, and Ramlogan, 2015).
3. Provide several other options of business organisations
Ringo and his friends have several options in which they can fully perform and develop a new business organisation that will be beneficial and with good return. When any person is about to change business or make new outlet they should be performing a pros and cons of all jobs. The following consists of several types of business organisations with their pros and cons one can face while working (Picciotto, and Mayne, eds., 2016).
Sole Proprietorship: This is the basic level of business organisation where an single performs the whole business single handedly. here a person who is passionate about some work and wants to perform it individually open an sole proprietorship. Here, one shall perform all task and activities which will activate business.
- Advantage: No interference in decision making by any person.
- Disadvantage: Due to single person, capital investment is very less hence organisation is not that big group .
Partnership: This type of business organisation has tow or more people which have to divide all responsibilities and duties under the act and they shall perform all the activities together. This business is an contract agreement which will be defining and dividing all the liabilities and duties each person has to perform (Tepe, 2016).
- Advantage: One person is not held liable for all duties and task its divided equally among all.
- Disadvantage: due to so many people the decision making gets a lot delay in process.
Limited liability company: in this company the partners work with their duties divided but he organisation is considered as an separate legal entity. This means that if in case of company winding up due to bankruptcy the partners shall not be considered liable in the case and will not be performing any asset liquidation from their personal assets to pay off the loans of company (Vagts, And Et. Al , 2015).
- Advantage: here in case of an legal suit the company is sued not its owners or partners.
- Disadvantage: work is always delayed due to the whole paper work in this organisation.
Public Limited Company this company is set up for the benefit and nourishment of public and owners of company. It runs basically for workings & betterment of public, here the company creates a lot of funds because most of fund is created by selling company funds.
- Advantage:here company an sell stocks in case of shortage of funds.
- Disadvantage: due to involvement of government and other members the work is delayed to several levels and it cannot be performed perfectly by any side.
Recommendation: it would be best for John and his other friends to consider opening an limited liability organisation that in case of such condition one cannot be sues and company will be held liable in case of an legal dispute. The performance of this group is great but they have to be aware about selecting the correct candidate for doing their work. The best benefit of having such organisation is that each and every person has to perform a particular task and no person interferes in work of other (Cameron and Pagnattaro, 2017).
4. Define a proper recruitment method so that next time no such incident repeats.
- Selection process : this is the core project of every organisation that should be performed with full focus and complete keenness while selecting employees and workers for the organisation. In several companies it is a very crucial and important role which is played by the section process, they have a perfect team by which they should be performing and selecting candidates. The evaluation of such candidates is made on several basis and multiple levels are to be qualified to get selected in company.
- Preliminary interview: here the person is faced and the stage at which qualifications like his educations and his extra skill and all certain activities which define him to be the correct candidates are selected in this process.
- Application process: the second step that is to be performed where, candidate is required to fill the form in which several details are asked related to his education, degree, extra qualifications, address, name and several other things which are required to create a good profile of an candidate. Here, the applications elected are very well performed and they should be nullified on bases that if they are not on par level to the work required by the organisation.
- Screening applications in this procedure the person is met individually by the panel which selected the people and should be providing guidance and rules on which basis candidates will get qualified. In this process the main task of the panel is to delete and nullify all candidates which are useless for profile and are just not at par level to get hired by the organisation (Epstein, 2018).
- Employment test: this test is taken to consider the group of employment to compare that if the person will either be able to perform task or not. Her this test is taken so that of they are considered to be up to mark. Many places such test are not even performed and are not that important but where it is need people are made to perform such test and qualify it to reach the next stage. Many organisations might not perform this test, it is very important for this organisation to have this stage done. This will tell how much the candidate is perfect in performing all the tasks and cut the gardens and landscapes properly got the organisation. This will provide the fact that, in case the negligence performed before by George will not be repeated again.s
- Second Round: its very important stage in context of company and candidate both. To reach in this round, candidate must pass all of the tests which has been conducted in primary stage. Here, interview are conducted just for the purpose of knowing different employees and explaining that what are those skills which is required by the organisation. This round can be conducted in either directly or indirectly. This is where the employees makes sure to impress all the pannel members and perform best (Miller, 2016).
- Medical examination has its own importance where company tries to check the fitness level of candidate. It has also equal importance as other because if candidate able to clear all of the round but stills fails to pass medical exam then it is assumed that they are not suitable for the benefit of company. Any of the organisation do not misses this particular step for selection because they want those employees who can be available for company at any time.
- Final selection the final stage has to perform all the core relationships to be followed to complete the final stage in the process. This qualifies the fact that they are been selected and all the candidates become the employees of the place. This last sept is the key providing of becoming from an candidate to employee of the organisation (Morley, 2016).
- Recommendation: It is recommanded to Elixir Garden should perform this task to get the best qualified and professional people which will avoid such situation which have happened before. There were several incidents in which if the organisation might have used such application they could have avoided the case from jerry. This even deceases good will in market. The proper performance of the whole organisation will change if they will perform thisselection method.
You May Like This: Various Sources of Law
In this report task performed is to provide a brief analysis of business law in the organisation and provide certain recommendations to the employees for the betterment of organisation. This report is a correct best of explaining several concepts of business law and its all explanation, that shall be performed and will be performed and made by several members of organisation. In this report the core base is to explain several hierarchy levels and understand all the stages of selecting people.
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