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Business Law

Referencing Styles : Number of pages:

  • Course Code: BUSINESS C101
  • Course Title: Business Law
  • Country: Australia
  • University: University of Queensland

Business Case / Scenario

You have recently joined a law firm as legal Assistant and your manager asked you to prepare a “Law Handbook” which will help the new start-up companies to help on the legal system and about the key legislations that they are required to know for effectively running their businesses. This handbook must contain all salient legislation which a businessman must know and their impact due to non-fulfilment.

Case 1:

Gordon works as a salesman in the Orange Computers Ltd store. His contract of employment provides for an annual salary of £10,000 and commission payments (at 9%) on any computers and peripherals he sells. In the last three years, the commission payments have amounted to an average of £11,000 per annum.

In 2015, due to cut throat competition in the local market, the business is adversely affected. The manager, Fred, informs Gordon that the business is in severe financial trouble and that he must reduce the firm’s outgoings. In response, Fred asks Gordon if he will forgo his salary for 2015, 2016 and 2017, and simply accept payments of commission. Fred explained to Gordon that this was required of him (and all other staff) or the business would probably not survive and it would have to be wound up owing substantial debts to creditors. As such, Gordon accepted the variation of the contract.

In 2016, the economy began to grow, and in small part due to governmental incentives for investment in information technology, the store has managed to trade its way through the difficult times and is making a healthy profit. As such, Gordon feels that he should be able to receive his wages for 2017 and not simply have to rely on his commission as agreed in 2015. He also wishes to know if he can claim for his wages from 2015 and 2016 as Orange Computers Ltd has sufficient profits to repay this money.

Advise Gordon whether he can obtain his wages for 2017, and also whether he would have any claim for the wages he agreed not to accept in the year 2015 and 2016. Discuss in context of contract law & employment Law.

Case 2:

After doing some research on the internet, Janet decided to call Virgin Media to arrange the purchase and installation of the internet package costing £35.00 per month, including the phone lines (monthly line rental of £11.00). The engineer came on the arranged date at 9am and installed the internet. However, he could not find the telephone point on the switchboard and suggested that he will call his supervisor and come back. Janet waited until 5pm that day for the engineer but he never returned back to complete the task. She called the Virgin Media and complained about the engineer and that she still hasn’t got the phone line yet. Finally, after several calls and e-mails they sent another engineer to fix the phone line after 3 weeks.

When the invoice from the Virgin Media arrived Janet was charged for the whole package from the day the internet was installed including the monthly phone line rental. Janet is extremely upset since she believed that her phone line should be charged after 3 weeks only.

Analyse the legal position of the service provider (Virgin Media) and the consumer (Janet) on the basis of your understanding on the various elements of contract law.

Case 3:

Blackhorse Limited is a security company providing security guards to other businesses, which is one of your client. The company has 50 employees. The company has minimal overheads, apart from the "wage cost" of the employees.

The company had four main customers, the largest of which failed leaving Blackhorse limited with a bad debt of £100,000. Since that bad debt was incurred three months ago the company has recovered its previous level of turnover, but that turnover is now spread over ten customers.

The cash flow reduction of £100,000 caused by the bad debt resulted in Blackhorse limited "stretching the due dates" of the payments needed to be made to the company's creditors. One of those creditors issued a winding up petition two weeks ago and the court is to consider whether or not to make a winding up order at a hearing set to take place in three weeks’ time. Discuss the different options available to your client to avoid compulsory winding up.

LO 1: Explain the nature of the legal system

The legal system:

  • What constitutes a legal system?
  • The purpose of law, the evolution of law and different sources of law e.g. legislation, directives, case law and treaties relevant to country.
  • Divisions and key terminology of the legal system e.g. court structures.
  • The differences between civil and criminal law.

The justice system:

  • The role of government in law-making and the justice system.
  • Organisation of the judiciary.

LO2: Illustrate the potential impact of the law on a business

The impact of Law:

  • Contract law e.g. the formation of contracts, the elements and terms of contract
  • Competition Law
  • Data protection
  • The tort of negligence, consumer protection, health and safety and product liability
  • Duties of employer and employee e.g. the employment contract, employer obligations and employee rights in the work place.
  • Managing cases of dismissal, redundancy, discrimination, health and safety.

LO3: Examine the formation of different types of business organisations

The nature and formation of a company:

  • Unincorporated V’s incorporated legal structures
  • Different types of business organisations and legal structures e.g. Sole trader, partnership and registered company.
  • Classification of companies e.g. public and private companies, limited and unlimited
  • Starting up a business organisation and registration requirements.
  • The management of a company e.g. appointment of directors, company secretary, auditor. The role of the shareholders.
  • The application of company law in forming different types of business organisations and companies, raising capital and liquidation.

LO4: Recommend appropriate legal solutions to resolve areas of dispute

Legal solutions for different types of dispute resolution:

  • Areas of employment e.g. health and safety, equality of pay claims, compromise and severance agreements, wrongful or unfair dismissal claims.
  • Corporate and commercial disputes e.g. breach of contract, contesting a damages claim, dispute between directors.
  • Commercial property e.g. commercial lease transactions, real estate and investment properties.

 

Alternative Dispute Resolution:

  • The role of Alternative Dispute Resolution (ADR) Civil litigation procedures and funding
  • Tribunals
  • The role of unions
  • Citizens Advice.

Solution

Business law is a set rules and regulation which sets standards, organises companies and manages all departments of them from a legal context. The legislation needs to organise and amend new laws as per demands and need in society.

LO-1 Nature of the legal system.

P-1 Different sources of law

There are basically four purposes of law which are to be followed while regulating such principals. These are firstly to establish standards, second is to maintain proper law and order, third is to solve disputes and give correct advices and in last its protecting an individuals rights & liberties.

LO-2 Illustrate the potential impact of the law on a business.

P-3 Using specific examples illustrate how company, employment and contract law has a potential impact upon business.

Copyright Law: This law helps in making correct rules and regulations which are as per requirement. It is used for the correct working in the business, related to areas of contract and business agreement between two people.

LO-3 Examine the formation of different types of business organisations.

P-4 Explore how different types of business organisations are legally formed.

Sole proprietorship: In a sole trading business, all decisions and liabilities are varied by a single person. Here no one can interfere apart from them. This shall be included in the correct summary and the profit sharing is also depended on him 

LO-4 Recommend appropriate legal solutions to resolve areas of dispute.

P-6 Recommend legal solutions for resolving a range of disputes using examples to demonstrate salient legal points of each case:

Case 1: In this case legal issue of varying contract is present. The issue of financial investment the orange LTD had to suffer and decrease salary of an employee named Gordon. After some time the company becomes sound in monetary terms gain, due to which Gordon wants to end the current contract and formulate a new one (Wachter and Mittelstadt, 2019).

Case 2: In this case Janet & virgin media was held responsible to not provide good service to Janet. This whole case is created due to misunderstandings, since the bill later received by her is reflecting her internet and networking cost.

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