Company- What are the essential elements of contract law and their functions?
- Elaborate the alternative dispute resolution and their methods.
INTRODUCTION
Business law is explained as the law and regulations which has the responsibility to deal with every single activity which are being conducted within commercial transactions. It is important for business managers, owners and even professional bodies as it will help improve individual decision-making ability. In the context of the file, various topics will be discussed which will be related to solving the case study which is all about contract law, breach of contract, and void ab initio. Also, suitable advice will be given to all of the parties so that they can easily take any sort of action.
MAIN BODY
Case Study
The case is completed related with Ciara, Tom and Los Property Repairs Ltd. Ciara is the first party to sell her property at the amount of £400,000 and for that she had posted the advertisement. Secondly, Tom contact with Ciara to purchase the propery but he found that roof top has a leakage and wants Ciara to repair it. They both signed the new agreement on the price £380,000. £200000 was paid in the beginning and it was decided that remaining money will be paid off in next two months.
Now, Ciara had done the contract with Los Property Repairs Ltd to repair the wall at the price of £5000. But, after certain period of time Los Property informed that they will require additional equipment to fix the wall as it is much and more weaker then expected. For new machines, company was asking for additional £5000 on which Ciara agreed. At the time of doing payment Ciara refused to pay any amount and even Tom denied to buy property and seeking for refund which he gave to Ciara.
Contract Law
It is the law which explains about the legal relationship between two or more then two parties whenever they enters into the contract. It is done just for the purpose of completing any of the specific transactions within the given time period. Whenever any of the person enters into the contract then it is necessary for them to make sure that they are not going to breach it in any of the condition and if they does so then legal actions can be taken. Contract law is mainly required in the situation where company and consumers uses the contract law at the time of buying and selling goods, whenever they license products or any of the specific activity. Also, contract law is required for maintaining the employer and employee relations. The main benefit of contract law is that it allows to conduct any of the transactions to happen in smoother manner. In addition, it make sure that party is clear about the terms and condition for which they are going to do any of the transactions. Any of the contract can be formed in two ways either written contract, verbal contract or both. To make any of the contract legal, there are certain elements which is needed to be followed and that has been explained below:
- Offer: Whenever any of the party enters into the contract then it is necessary that first party must give the offer to second party. Then, it is the choice of second party that whether they want to go for further proceeding or not.
- Acceptance: To make any of the contract complete, it is necessary that party must agree on the terms and condition which is has been offered by the first party. The acceptance should be done on the grounds that second party have not changed any of the terms and condition and if both party have different terms and condition then contract will not be counted as valid contract.
- Consideration: Once, both of the party accept the terms and condition then it is necessary that something should be given in return. For example: if there is the contract between two parties related to employment law then one party will have to give money and another one is required to work for them to accomplish the goals of an organisation.
- Mutual intention to enter into an agreement: Whenever any of the party wants to enter into the contract then it is necessary to terms and condition of agreement should be bounded to contract law. Also, there must be the intention of both the party to enter into the contract because it is not allowed that one party is agreeing on the terms and condition and another wants do not want to enter into it. In short, contract should be valid and legal as per the guidelines given under contract law.
These are some of the rules and regulations which is needed to be considered by any of the party while trying to enter into the contract so that agreed terms can be completed within the specific time period.
Breach of Contract
It is the condition where any one of the party breach the term and condition of agreement. In this condition, innocent party gets the opportunity to file the case against the defaulter party. It comes under the civil wrong where court has to interfere to sort out the problem. This can occur in the situation where work is not completed on time, one fails to do, or even didn't conducted as per the requirement of agreement. Whenever any of this situation occurs then court has the option to declare its decision that defaulter must compensate for the time which innocent party has to suffer. Also, it is necessary to understand that situation of breach will not occur if terms and condition of the contact has been altered and after that one party denied to complete it on specific time period.
Advises That Can Be Given in The Above Case
Advise to Los Property Repairs and Ciara
The case is very clear between both the parties that they had formed the contract where one party will perform their duty another will have to give the payment. By looking at the case, it can be easily determined that the default is of Ciara because she was the one who agreed to pay additional £5000 for competing the work in the time period of one month. The agreement which they had done in this case was written as well as verbal contract. It is completed one of the case where condition of breach of contract occurs due to which it is necessary that both the party should try that how they can resolve the problem. The best possible solution which is available in front of them to overcome the problem is Mediation method of resolving the problem.
Mediation
It is one of the process which will be effective for the party to solve the problem in short period of time. The main motive in this process is that to give fair advises to party so that they can sort out the problem which they are facing in current period of time. In this process, the mediator will be appointed who will listen to the points of disputed party and try to advise that how fair solution can be taken out. In this case, the major work of mediator will be give advise to Ciara that she had agreed on the terms to bring on the new machine for completing the work on time which means it is her obligation to pay the complete amount to Los Property Repairs.
Advise to Tom and Ciara
The case is not that simple in this situation because Ciara has reduce the amount of money to sell the house to Tom just because it was leaking from rooftop. But, he denied to accept the house once it was repaired and the problem where sorted out which means it becomes his obligation of Tom to pay the damages to Ciara or he must purchase that house by paying the additional amount of money. Looking at the situation case can be sorted out with the help of the Arbitration process.
Arbitration
It is the process which is used for resolving the civil wrong cases without involving the proceeding of court. Here, panel will decide that what are the main issues between the parties and according to that problem will be solved. The most probable decision which can be declared by the panel is that Tom must purchase the property else it is necessary that damages must be paid off to Ciara.
Also read: Public Law and Human Rights
CONCLUSION
From the above file, it can be concluded that business law is one of the most important laws that help an individual learn different knowledge through which an individual can easily decide what is right and what is wrong. Contract law helps to complete any of deal in a smoother manner within a specific time period. No one has the right to breach the terms and conditions of contract law else it will fall under the category of breach of contract where the defaulter will have to compensate the innocent party. Get more details about assignment writing service from our expert.
REFERENCES
- Acemoglu, D. and Jackson, M. O., 2017. Social norms and the enforcement of laws. Journal of the European Economic Association. 15(2). pp.245-295.
- Burns, L. D., Mullet, K. K. and Bryant, N. O., 2016. The business of fashion: Designing, manufacturing, and marketing. Bloomsbury Publishing USA.
- Cuniberti, G., 2016. The Laws of Asian International Business Transactions. Pac. Rim L. & Pol'y J.25. p.35.
- Lowrey, K. M., 2015. State laws addressing youth sports-related traumatic brain injury and the future of concussion law and policy. J. Bus. & Tech. L.. 10. p.61.
- Png, I. P., 2017. Law and innovation: evidence from state trade secrets laws. Review of Economics and statistics. 99(1). pp.167-179.n, 2017)
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