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Business Management Affairs - Coursework Example

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Business Law Grade course 19th December, 2011. Introduction An extensive Knowledge and understanding of business law can be termed as particularly crucial for the survival of any business. Contracts continue to be excessively used in the business world to regulate and state guidelines pertaining to the conduct of persons within the business setting…
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Business Management Affairs
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Download file to see previous pages For the purposes of consistency and avoidance of double standards, a single choice of the contract law becomes necessary for Simon. Contents of a contract under English law A legally binding contract under the English law contains various elements stipulating the terms of the contract. In the English contract law, three essential elements ought to be present for any contract to be considered legally binding. A promise ought to be made to a person. This can be identified as the beginning point of a legally binding contract. In this section, the promise becomes a determining factor for any arising legal obligations. The promises form the condition under which contracts become actualized. Promises under the English law do not always come with a legal obligation. The agreements involving payments upon performance of a duty can be identified to contain legal obligations. The making of a promise can be regarded as the intention to create a binding agreement pertaining to a specified duty. The promise only states a limited level of information regarding the offer being made. This element shall be essential in the project Simons is undertaking at the recruitment stage for the judges. The promise made can either be providing legal obligations or not. The second phase of English contract law involves identifying the duties arising from the contract. The English contract law makes a distinguishing characterization between the duties arising. Here, the two categories are bilateral and unilateral contracts. While the English law makes this categorization, the common law does not categorize different contracts (Keenan and Riches, 2011). In the English law, unilateral contracts give legal obligations to only one of the contracting parties. The bilateral contracts, on the other hand, provide legal obligations to both parties. Unilateral contracts cannot be used in the case of Simons as they will not give an obligation to the judges. This phase of the contract law can be defined as the beginning of the formal legal contract. Upon agreement, the parties can consider themselves to have gotten into a contract. The last phase of the English contract law lays down the remedies for breaching of contracts. This also stipulates the system to be employed when seeking remedies to contract breach. Under the English law, two methods of seeking remedy exist. While the main difference between the two lies in the courts administering the remedy, the remedies continue to be administered by the same courts. The English law defines the remedies can be administered by either the king’s bench of the chancery courts. These courts shall be used in the administration of remedies for the contracts between the judges and Simons’ company. Requirements of the contract The Simons TV production company needs to draw contracts adhering to the English contracting laws. This becomes essential for the company in avoiding law suits outside the United Kingdom courtrooms. The company needs to ensure adherence to these prevailing contracting laws of England. The company shall solicit the services of any qualified candidates deemed to fit to perform the functions of adjudication. In accordance to the English law, the TV production company shall make the promise to the proposed judges. The company can make use of both ...Download file to see next pages Read More
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