Business and Contract Law Issues - Assignment Example

Business Law Section A – Short Form Questions: Total 15 marks the meaning of stare decisis mark) It isessentially precedent doctrine. The court of law sites to it when dealing with an issue that had been previously in court and whose ruling was already issued (RE, 1977, p. 56). 2. Describe the case of Whitley v Chapell explaining what it illustrates. (2 marks) It is a literal rule that states that it is not legal to impersonate anyone who is entitled to vote. It is illegal to impersonate any person entitled to vote. It further states that someone who is dead has no right to vote. 3. Explain the difference between European directives and regulations (2 marks) Regulations are addressed to member states (all) and are fully implemented while directives are addressed but a given date is set in order for the member states to fulfill (HAILBRONNER, 2010, p. 100). 4. Explain what is meant by invitation to treat. (2 marks) This is a situation where an offer is not deemed to be in place and the court decides to listen to the negotiations between two parties and decide whether whatever deal they made was an offer or one of the parties needs to be bound to it (MANNING & STEPHENSON, 2010, p. 34). 5. Explain what is meant by executed consideration (1 mark) This is what is offered as a reward for a promise that is already performed. 6. What do courts presume is the intention to make legal relations in domestic relationship? (2 marks) The parties to such domestic relationship may not be willing to be bound to some agreements though they are willing. For instance agreeing to meet someone at a club and one fails to turn up should not bind them legally. 7. What is a partnership? (1 mark) This is working together with the aim of achieving a common goal. 8. What is an innominate term? (2 marks) It is a term that is intermediate in that it cannot be defined as a warranty or a condition. 9. Explain what the case of Hyde and Wrench refers to. (1 mark) This case was because of the deal that Hyde and Wrench had concerning selling of land. Hyde wanted to relinquish 950 pounds for the same but Wrench asked for some time to think about it and make a decision. He sent a letter later on claiming his change of mind. The case in court wanted to get to know whether the deal was a completed one or not. 10. Explain what is meant by past consideration (1mark) It is a promise to someone for something of value they did in the past. Section B 1. In criminal law the law suit is filed by the government at all times, the one who files the law suit is always referred to as the prosecution. However in civil law the litigation is filed by a private party. This makes the private party a plaintiff. One of the main differences between criminal and civil law is the type of punishment given. In criminal law an accountable defendant is accorded punishment in one of the following ways a) Death sentence b) Imprisonment c) Payment of fine to the government However in civil law a defendant is never imprisoned or executed. If a defendant is found accountable in civil law, he or she is only asked to reimburse the petitioner for losses caused by his or her behavior. Disciplinary reimbursement is never awarded in contract law on a civil case. However under the law of tort disciplinary reimbursement are awarded if the defendant has egregious behavior and is perceived to have (KEENAN & RICHES, 2007, p. 45). a) Conscious unresponsiveness b) A way of always disregarding other peoples’ rights willfully c) A yearning to cause destruction 2. What makes corporations unique is the fact that they are run through a chosen panel of directors but are owned by shareholders. The accomplishment of the corporation highly depends on the activities carried out by the directors. For this reason directors must work in accordance with the interests of the corporation, they cannot use funds of the corporation for their own interests. The directors must account to other panel members and allow them to make decisions. The directors must also act in confidence based on dependable source of information, which involves consistently carrying out research so as to base the panels’ decision making on concrete facts. It is also a requirement for the directors to reveal any conflicts of major concerns. Directors are highly discouraged from engaging in type of business that causes a clash with the concerns of the corporation (BEALE & TALLON, 2002, p. 102). 3. Before any piece of legislation is made law it is referred to as a bill. The role of legislation may be to exercise control, to give authority, to forbid, giving funds, to approve, to award, to pronounce or to limit. Usually legislation is raised as a proposal by a member of parliament, or the executive. It is then debated in the legislature by the members where amendments are made prior to it being passed (Bell, 2002, p.83). 4. A tort is a civil wrong in common law which unjustly makes a person undergo a loss leading to a legal liability. The person who may have committed the tortious act is referred to as tortfeasor. Tort law is a collection of rights and remedies that are enforced by courts in civil procedures to grant liberation for people who have been wrongfully treated by others (DOBBS, 2000 p. 98). 4b. There are precise defenses in a tort case, the defenses find implementation in accordance with the nature of the tort. They include; a) Defense of consent This type of defense is in accordance with the principle of “volenti non fit injuria” where a person has voluntarily accepted to undergo harm; hence the law does not allow him or her to claim any damages for such harm. b) A defense when the wrongdoer is the plaintiff This type of defense is based on maxim “Ex turpi causa non oritur actio” which generally translates to no cause of action arising from a committed immoral act. This means that the action carried out by the plaintiff is unlawful but it may pilot a defense. c) An unavoidable accident This is a situation where an occurrence was unavoidable despite realistic exercise of care by the defendant. d) An act of God This is an occurrence that takes place out of forces way beyond human power. However it must be unexpected and surprising. e) An act that is in relation to a Private Defense In a situation where there is looming menace to life or possessions, the use of vigor as a defense is justified. It should however be reasonable, and in the fraction of the requirement. f) The necessity If damage is made as a way of reducing a greater damage it is viewed as a defense. g) An act that is with respect to the statutory authority Any damage that is as a result of an act is prescribed by the law. However it will never be acted upon despite it being an offence to lack such authority in tort. Section C C1. For Tony he would be directly liable to Bike’r’us for the damage that might have occurred to their bicycle. This is because they entered into a contact when he hired the bicycles, so he had to take care of the bicycles and return them in good shape as he had taken them from Bike’r’us. If a law suit is filed against him he would be directly found responsible hence he has to repair the bicycles in advance. As for Josephine she might have to prove that the saddle titled forward out way far from her own conscious and it was nothing to do with her incompetence. It would be advisable for her to come to an agreement with the car driver to cater for the damages incurred as well as the law might hold her accountable as well as she was expected to check the condition of the bicycle before even riding on it. If they choose to sue Bike’r’us, for lending them a faulty bicycle then the law would question them for their acceptance to use it the way it was (ELLIOTT & QUINN, 2007, p. 24). C2. Stuart is a victim of a violation of the law of sale of goods and hire purchase. The sale of goods by itself is a liable contract which must have a proposal to buy or sell followed by an acceptance. Being a high value commodity, Stuart ought to have obtained a receipt from Thomas during the sale of the car. If that’s the case then the law is enforceable as it acts as evidence. According to common law if an agreement for sale of goods takes place and at the time the agreement takes place the specified goods have perished without the knowledge of the seller, then the contract is void. So there would be a need to prove that Thomas had full knowledge of the condition that the car was in before making the sale. After Stuart has taken care of that then he can sue Thomas for the damages for the breach of warranty. The compute of the reparation will be the estimated direct loss arising from the line of events, from the violation of the warranty (RAABE & BEEHR, 2003, p. 271). Marianna is also a victim of breach of contract. According to common law, a buyer is deemed to have committed a breach of an agreement of sale if he or she fails wrongfully to pay for the specified goods in line with the conditions stated by the contract. If this were the case then Thomas would have become the unpaid seller. But in our case the agreed time was not yet due so Thomas had no right to action for the price of the goods neither had he the right to action for damages as Marianna had not neglected wrongfully or refused to accept or pay for the goods. Marianna being the buyer has not received accordingly any of the parts of the agreement which they made, which included getting the property, and the right to posses it, this indicates that there has been utmost failure of deliberation. Hence she has a right to sue Thomas (ELLIOTT & QUINN, 2001 p. 201). List of References BELL, J. (2002). Studies in UK law 2002. London, United Kingdom National Committee of Comparative Law. ELLIOTT, C., & QUINN, F. (2007). Contract law. Harlow, Pearson Longman. ELLIOTT, C., & QUINN, F. (2001). Tort law. Harlow, Longman. BEALE, H. G., & TALLON, D. (2002). Contract law. Oxford [England], Hart Pub. KEENAN, D. J., & RICHES, S. (2007). Business law. Harlow, Pearson Longman. DOBBS, D. B. (2000). The law of torts. St. Paul, Minn, West Group. RAABE, B., & BEEHR, T. A. (2003). Formal mentoring, versus supervisor and coworker relationships: differences in perceptions and impact. Journal of Organizational Behavior. 24, 271-293. HAILBRONNER, K. (2010). EU immigration and asylum law: commentary on EU regulations and directives. München, Beck. MANNING, J., & STEPHENSON, M. C. (2010). Legislation and regulation: cases and materials. New York, NY, Foundation Press RE, E. D. (1977). Stare decisis. Washington, D.C., Federal Judicial Center. http://heinonline.org/HOL/Page?handle=hein.congcourts/stdecisi0001&id=1&collection=congcourts&index=congcourts. Read More