Discuss about the Law and Ethics in Business School.
In this case study, it has been identified that Richard’s father promised to give $200 to his son for a contract. The contract was basically for the gardening of his house but somehow his father did not give the amount to his son because it is basically the work of his own home. As no payment has been done by his father to Richard for that reason a case had been issued here in this case study. And another thing is that his father also made payment to his gardener before for that type of contract that is why; he has no capability to give extra money to Richard. In the meantime, he ignored to give the money $200 to Richard, because he is an associate of his family as well as he has given lodging and boarding by his father. In this case, he has to be assisted regarding this important fundamentals. In this particular case report it will be found that if anyone wins the case or not but the money will be submitted according to which law of application. Family holders cannot give order to get money in any kind of home work.
The basic rule is very important in any kind of case issue. The trade law is different actually it is very essential. Requirement is extremely vital because the necessity will be a major issue. The rule and regulation of the agreement basically provides an instruction to watch if the contract is in among the parties is proper or not, very few rudiments have to be present there. Every case needs the vital fundamental to solve the case properly. The rudiment includes consideration, acceptance as well as offer. At the same time, it needs to oblige for both parties that must have the agreement which will be enforceable by law (Vasudev, 2010). The requirement associated with the target of the exact parties to create a legal relationship, which has introduced to make oddness among cases of cultural and domestic cases, the agreement in which a movement by the court is proper. As the result of this introduction of the requirement is that the entire agreement created among parties which are not enforceable by the legal authority or court. For an example, two friends decided to go for concert or movie in the evening, there should be an agreement like promises that isn’t enforced by the legal authority. But, in such cases, the law has been abided by the necessity of parties in this type of situation. Also parties should have the essential target of creating a legal relationship; this particular law maintains the variation among the cultural and domestic agreements and the agreement needs to be created is this condition of trade.
The court is the top class authority to resolve any kind of cases. Court is the place where any types of domestic and social issues may solve by an honorable judge (Keenan, and Riches, 2007). So the case has solved by the legal authority or court. The finale which has given by the legal authority, states that the subsequent rules led with target of parties was being applied by legal authority or the court. The court said that even if the domestic or social agreement created between the party is extremely complex in scenery, at a bring to an end, there will be a supposition, that was not the goal of the parties to create legal relation while other parties made an obvious aim to the converse. Another example of this type of case like Mrs. Jones promised that she would provide her daughter Mrs. Padavatton a remuneration the sum of $200 in each and every month if she left her job as well as come to London from Washington. Mrs. Jones didn’t desire that she will not live in Washington, for the reason he told her lovable daughter to come London where she will provide the stipend to her in every month. Relationship matters in each and every cases of law so the daughter cannot take money from her mother as she is engaged with blood relation. The same thing happened in this case study as Richard cannot force his father for giving him the money for the work what he had done at garden because the gardening work is basically a family work also as he is the inhabitant of his father’s house. The contract of law is for every inhabitant but here it can be identified that the evidence is not too strong enough that his son will get money from his father. No harassment in the court but it can be identified that all the examples happened earlier according to the law or the court, the result was always decided to go in favor of the father or mother before. This is not the amount of money which will be assigned for another gardener it is the case of blood relationship which cannot be defeated properly in the law of action. Richard is wrong in this purpose of money demand as court declared its verdict. In this case the agreement may enforced by the legal authority. In this situation, Richard cannot claim the sum of $200 in every week his father. This is the possible legal order about this case study and for this type of law has been created for the matter of paying money to son or daughter from households.
A famous actor, Joe had made a contract with the Frere Bros for around 5 years and committed that he will be working with Frere Bros for next five years. Joe broke the agreement with Frere Bros in order to work with the Pretty pictures. This case study is based on the remedy of Frere Bros. Therefore, Frere Bros had a condition regarding the contract that for the next five years Joe cannot work for any other company. But Joe made a new contract with the Pretty Pictures, now Frere Bros will look forward to solve this matter according to the given case study (Vasudev, 2010).
This case is referred as the proper violation because there was a previous legal contract with Frere Bros. These types of cases are generally called as the breach contract. According to the contract law, when an individual is generally grateful to perform beneath a contract with a company and at the same time he/she fails their commitment then that particular thing is been known as breached contract. Consequently, an individual have the rights to breach the contract partly or entirely. Several remedies are provided by the law if the contract is been breached by the Individual. Some of the remedies are injunction; damages and remedy of particular performances are generally undertaken by the law of breached contract. In case of breached contract the very first step taken by the contractor is Damages costs, which are generally evaluated by the court on the basis of loss of the contract by the individual during the violation of the contact (Emerson, 2004). As per the law Frere Bros can claim their losses for the next five years to Joe, in order to cover the losses made by Joe. As the contract is been breached by Joe, Frere Bros has to face the financial problems, this is the process by which the Frere Bros can cover up their losses. Therefore, this method will generally protect the interests and it will also ensure that the performer should give their best in order to improve the present situation of the company. This process is been generally used to provide proper remedies, whenever there is a breach of contract. The contractor has to face initial damages, if breach of contract takes place; thereby the damages are appraised to the accused party for not being able to stick with the contract, by court order. Therefore, specific performances are another remedy of breach of contract, through this remedy the court generally forces the accused party to stick with the contract. Consequently, an injunction is also compulsory, at the time of approving the grant of remedy in the breach of contract. This particular case restricts the accused party to involve with any new contract with any company (Keenan, 2007).
A famous film actor Joe has breached the contract with the Frere Bros by involving into a new contract with the Pretty Pictures, when he was already in a contract with Frere Bros. As per the law, Frere Bros can file a complaint against Joe for breaching the contract. Frere Bros will get three opportunities to claim the remedies such as damages, specific performance and injunction by order of the Court. In this particular case, the Court can provide the remedy of damage compensation for the purpose of managing the losses faced by Frere Bros, at the time of breach of contract (Lombardo, 2009). The damage should be recovered by Joe because his involvement with other company has caused breach of the contract, and this decision is taken by the supervision of the court. Frere Bros wouldn’t be in much need of a monetary support, as they already possess a substantially sound business. Joe has committed a severe crime, which a financial compensation (damage) wouldn’t be sufficient for, as he has already been in a contract for 5 years, but he breached the terms and conditions of Frere Bros and move onto another contract, which legally isn’t either permitted or allowed. Therefore, the specific performances is been totally undertaken by the Court. This remedy is helpful to many other cases because it is been controlled and maintained by the court and the perspectives has to follow the decision made by the supreme court in order to recover the losses faced by the Frere Bros. then come the injunction, in this particular process Joe will not be able to move to any other company while he is in a contract with Frere Bros. The court generally orders to dissolve the contract with the Pretty pictures because Joe was already in contract with Frere Bros. this process will generally help Frere Bros to prevent Joe from involving into the contract with the Pretty Pictures (Zimmer, 2000).
Conclusion
Summarizing the remedies for the Frere Bros and the Joe case, it has been decided that the restriction is very vital remedy for this case, where Joe has no capability to deal other parties and the whole work of Frere Bros will be very easy. In this particular case study, Joe made a severe crime of moving onto a new contract with Pretty Pictures while he was already in a 5 years contract with the Frere Bros (Pasotti, 2009). But at the end, frère Bros gets the chance to recover their losses from Joe by using several types of remedies provide by the Supreme Court. Frere Bros can use any of the remedies to cover up their losses. Injunction process was the most useful method to recover the losses because from this remedy, Frere Bros can help themselves by not permitting Joe to involve with the contract of Pretty pictures.
References
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Corporate and business law. (2009). Wokingham, Berkshire: Kaplan Pub.
Editor’s Corner: Law and Ethics in the Business School. (2005). American Business Law Journal, 42(1-6), p.v-vi.
Emerson, R. (2004). Business law. Hauppauge, N.Y.: Barron’s.
Heinemann, A. (2002). Business Co-operation on Electronic Marketplaces: Competition Law Concerns.European Business Organization Law Review, 3(01), p.27.
Kadar, A., Hoyle, K. and Whitehead, G. (1996). Business law. London: Butterworth-Heinemann.
Keenan, D. and Riches, S. (2007). Business law. Harlow: Pearson Longman.
LANSING, P. (1980). BUSINESS LAW. American Business Law Journal, 18(1), pp.131-134.
Lombardo, S. and Pasotti, P. (2009). Disintegrating the Regulation of the Business Corporation as a Nexus of Contracts: Regulatory Competition vs. Unification of Law*. European Business Organization Law Review, 10(01), p.35.
Vasudev, P. (2010). Law, Economics, and Beyond: A Case for Retheorizing the Business Corporation.McGill Law Journal, 55(4), p.911.
Zimmer, D. (2000). Private International Law of Business Organisations. European Business Organization Law Review, 1(03), p.585.
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