Legal Advice to the Involved Parties - Case Study Example

Scene 1 In preparation of Lucy’s weddings, her mother hired three service providers who were to deliver their services on that material day. The service providers were; Mr. Leslie whose service was to cater for foods, Mr. Johnson was to give the car for the bride and finally Mrs. Kay was to take care of the wedding photos. One month before the wedding day, Mrs. Lastic, Lucy’s mum paid for the wedding services. However, seven days before the wedding, Mr. Johnson who had agreed to provide the bridal car, sold his car to Mildred on condition that, she will make sure the car was available for hire in Lucy’s wedding. When Lucy’s mother contacted Mildred a few days before the wedding in order to make sure that the car was still available, Mildred denied having any arrangement with Mr. Johnson on giving out her car during the wedding. Lucy’s mother was forced to look for another car which was very expensive. Thereafter, she planned to sue Mildred for the inconveniences she caused on her daughters wedding. The photographs that were taken by Mrs. Kay came out improperly because her cameras jammed, on top of this, the foods service provided by Mr. Leslie caused illness to the visitors for the chicken that was offered was infected by microorganism. As a matter of fact, it’s so clear that, Lucy and her mother did not like all the services that were provided to them. Therefore they went on a task to sue all the service providers on condition that, Mr. Johnson who had received the full payment for his car, went on and sold it to Mildred, thus breaching the agreed contract. On the other hand, Mr. Leslie and Mrs. Kay provided services that were not of good quality and expected standard. Case analysis; The major legal issues that can be recognized in the above scene entail breaching of contracts. It is evident that Mrs. Lastic had on purpose entered into a contract with the three service providers with an aim of acquiring quality and standard services in her daughters wedding. Basing on their agreed contract, Mr. Johnson was to give out his white Rolls Royce as the bridal car. Mr. Leslie was to offer the foods services while Mrs. Kay was to take care of the wedding photography. In law a contract is regarded as a legally biding agreement. When both groups admit to particular terms in either written form or done orally, an agreement is attained automatically. Nevertheless, it is very important that both groups are in a capacity to show evidence that they without a doubt entered into a contract by offering material prove in form of the contract itself or by demonstrating to the spoken terms in the contract (Smith & Keenan 2007). Failure to carry out the agreed tasks as outlined in the conditions of the contract is obviously considered as breach of contract. A number of legal actions can be put into practice following the event that a contract is breached. In most cases, the parties that breach the contract, according to the law system they are always subjected to certain penalties. For example, in the situations where an agreed contract was breached, the damages are compensated for to the parties that were affected as an outcome of the breached party. Compensatory damages appears in two forms namely, direct and consequential damage. Compensatory damages are given to the affected party with an aim of compensating them on the damages and losses they suffered out of the breached contract (Adams 2006). According to the circumstances that took place in the wedding preparations, these four parties engaged into a legally binding agreement. The agreements were violated due to the fact that Mrs. Lastic and Lucy never got their expected services as previously agreed in the contract. On the other hand, Mildred and Mr. Johnson failed while Mr. Leslie and Mrs. Kay offered services that were not expected thus breaching the contract. To add on, the food services provided by Mr. Leslie caused harm. According to court cases and legal principles, Mrs. Lastic and Lucy qualify the legal basis of being compensated for the damages that took place because of contract breaching. Therefore, the three service providers are liable of compensating Mrs. Lastic on the basis of significant performance and unavoidable circumstances (Smith & Keenan 2007). Legal advice to the involved parties In this case, Mrs. Lastic and Lucy are considered as the affected party. Basing on law, they are required to fulfill particular obligations In order to obtain compensation on the reason of damage and wasted expenditure. They will be required to prove that there was an agreement between them and the three service providers. In addition, they will have to state the terms of the contract clearly. In order for this to be actualized Mrs. Lastic will have to display a written document indicating that she had engaged into a contract with Mrs. Kay, Mr. Johnson and Mr. Leslie. If there are no existing written documents and the contract was done in words it will be essential to prove the reality of the contract by providing some witnesses. It will also be important to prove the degrees of the damages caused and the additional expenses acquired due to the breach of contract (Keenan &Riches 2007). Mr. Johnson in this case can be termed as the defendant; his main aim will be to guard himself against the charges of Mrs. Lastic as a result of breaching her contract. However, Mr. Johnson will need to prove the terms of his contract with Mrs. Lastic. For him to get away from the charges of compensating the damage, he will have to prove that Mildred and him had agreed that, upon the sale of his white Rolls Royce car she would ensure the availability of the car in Lucy’s wedding. To settle his case with Mrs. Lastic, Mr. Johnson should intentionally give back Mrs. Lastic the full amount he was given by her for the bridal car. On top of that, he should give an official apology to Mrs. Lastic for the inconvenience caused. Mildred was send off into the contract as the third party and for her to be excluded from paying Mrs. Lastic damage she will be required to give evidence that she and Mr. Johnson had made no agreements that she would deliver the car in Lucy’s wedding. As for the case of Mrs. Kay and Mr. Leslie they will need to prove that whatever happened was unavoidable and beyond their control and that their failure to notice and omissions were not on purpose or a matter of not being careful. Consequently, they could give back the money offered to them for their services by Mrs. Lastic .They should also give an official apology to both Mrs. Lastic and Lucy. Scene 2; In this case, the Manchester and District independent data extraction association (MAD- IDEA) engaged Thomas as a hi-tech data manager. Due to his skills in databases and computer programming, Thomas was to obtain £10 per hour. Comparing with other employees, this was £3 more than the amount paid to them. Following his employment, Thomas showed his knowledge in computer programming by formulating a data base which helped in fast and effortless recording of data. During this time, Thomas frankly exposed his increased pay to Justine a colleague in the similar department who did the same duties as Thomas. Justine protested to the managers concerning the increased pay given to Thomas quoting that she was the right candidate deserve for the payment for she had worked three years for the company. However, she was alert of the Incredible Luck Lady (ILL) Directive (90/666) which specified that, female workers who have worked in the same department for two years should get a bonus in consideration to their current salary. Moreover, Justine quoted a related, U.K legislation called the Considerate Aid for the Mental Protection of Employees (CAMPE) statue 9119/89 which specifies that it is a must for all workers to offer their workers with stress linked weight variation treatment. Justine protested that not any of the legislation necessities were provided to her thus preferred a pay increase. As a result, Thomas’ daily payments were lessened by the management. Since he never had a contract, his labors to plead with management were unsuccessful. Thomas released himself from work, removed the addresses and names that were in the MAD-IDEA data base and he polluted the MAD-IDEA systems with viruses in a way that the data became messy and none was correct. The company substituted Thomas with a 17 year old Dominic who was computer illiterate Dominic input data by hand and was paid £ 5 per hour. Case Analysis Legal cases noted in scene two revolve on business and computer law. It’s true that the MAD-IDEA company has inconsistency that revolves around payments. The company lacks order of paying their workers on law basis. For instance, Justine the female worker worked in the similar department for two years without a raise in her monthly income. This is against the country’s laws which specify that female workers employed for two years in the same department should get a bonus in regard to their current salary but management of MAD-IDEA Company hardly regards the instructions in the law on workers welfare. Considering Thomas employment as a hi-tech data handler, the company and Thomas never regarded important employment procedures like signing of a contract or payments increase. Thus, the agreed payment that Thomas deserved to receive drastically changed from £10 to £7 per hour. Thomas’ action of messing up with the data and computer system was illegal. Dominic’s employment is regarded as irregular since his payments and work description are unsure. It’s also evident that the MAD-IDEA dealings with the Sofas ‘R’ Us Ltd is doubtful for it involves data analysis which is sensitive and confidential. The Federal Information Security Management Act of 2002 identifies the value of information security to national and economic benefit. Information security here involves protecting information systems that support the agencies operations from unauthorized use, damage and alteration. The property law grants ownership and rights to the manager of indescribable assets like designs and inventions. The rights listed in law allow the manager of the property to pay for the costs linked with the research and development of the inventions and to gain profits. It’s clear that the MAD-IDEA company should practice the terms of the Law in regard to payments (Rush & Ottley 2006). Legal advice to the involved parties In reference to the Incredible Luck Lady (ILL) Directive (90/666, the Considerate Aid for the Mental Protection of Employees (CAMPE) statue 9119/89 and the Fair Labor Standards Acts, Justine was allowed to claim a raise in her monthly payment and should seek for a labor lawyer to aid her negotiations with the company in regard to her payment. Dominic should seek for a prescribed work and payment description in form of a contract to avoid uneven work and payments retractions (Keenan &Riches 2007). The MAD-IDEA company must create policies that rule its information systems and payments. The company’s policies to be formulated in consideration to its information systems should line with the terms of Federal Information Security Management Act of 2002 that identifies the importance of information security to national security and economic interests (Bainbridge 2000). With policies that concern employee’s employment, the company must ensure fair payments that conform to the work descriptions of its different workers. The company should also ensure its policies on payments are in line with the Fair Labor Standards Acts (Rush &Ottley 2006). Thomas’ action of messing up with the MAD-IDEA computer systems is bound to bring legal suggestion. Basing on intellectual property law, private ownership of the data base belongs to the MAD-IDEA because the company employed and paid Thomas to establish the systems. Besides, expenses acquired through research and establishment of the databases were handled by the company. It’s therefore sensible for Thomas not to utilize information from the MAD-IDEA company to create his self-regulating agency. Moreover, Thomas should seek for a contract work and payment description to avoid payment retractions and irregular work. References; Adams, A., 2006, Law for business student, 4th.ed.Longman Publishers, UK. Akdeniz, A., Walker, C., &Wall D., 2000, The Internet, law and society, Longman, UK. Bainbridge, D, 2000, Introduction to computer law, 3rd.ed.Longman. UK. Keenan, D &Riches, S, 2007, Business law, 8thed, Pearson Publishers, U.K. Rush, J &Ottley, M, 2006, Business law, Thomson learning, UK. Smith, P & Keenan, D, 2007, Law for business, Longmans, UK. Read More