What is the business law? Explain.
According to the case study, it is seen that Henrietta tries to take legal help from a law firm for the reason that she can prevent that male friend from meeting and harass her. For this reason, she had already face lots of nuisance from his side. That is why a critical situation is arising in front of Henrietta, and she needs legal help urgently. But at that time, the legal firm provided her a clerk who is not qualified for this type of case or job (Carter, 2006). The clerk helps out the legal firm with some legal actions which are needed to be applied by the firm. But due to the inefficiency of that unqualified litigation clerk Henrietta face so many embarrassments during this 11 month period of the case. For this reason, she also affected by mental distress and become upset. In this specific case study, there are two types of laws which can be implemented. One is a business law which is applied in the terms and conditions of the rules of the firm and the second one is the contract law which is applied in the terms and conditions of the contract during the sign of contract between Henrietta and that particular legal firm (Carter, 2012). Both Henrietta and the legal firm got into a contract with each other after Henrietta had approached the firm to help out with the problematic situation that she was facing due to her male friend. Now, according to the given case study, it can be said that the legal firm does not provide a qualified and efficient lawyer to Henrietta who would be able to help her out of this critical situation which was faced by her. This phenomenon is a breach of contract law as they bound to provide her an eligible lawyer who would be able to successfully take care of the situation that has been assigned to the lawyer. In the case of appointing an unqualified litigation clerk, they should inform Henrietta about this issue. For their incompetency and irresponsibility, Henrietta faces lots of trouble and embarrassment at the time when the case was being put forwards in front of a judge in the court because the clerk was not able to protect her (Doris, 2013). For that reason, she also gets affected and fell distressed mentally. Freedom of Contract is one of the fundamental principles in Australian Contract Law. According to this Freedom of Contract, each of the parties has rights to strike irrespective of the of the details of the contract.
According to the case study, the main issue is that when Henrietta went to a law firm for the reason that she can prevent that male friend from meeting and harass her stop him from making a nuisance. But the firm was not successful in providing an efficient and eligible lawyer to her and ended up giving her an unqualified clerk. The clerk helps out the legal firm with some legal actions which are needed to be applied by the firm (Ellinghaus, 2007). But due to the inefficiency of that unqualified litigation clerk Henrietta face so many embarrassments during this 11 month period of the case. For this reason, she goes through a phase of depression. This is an unlawful activity which is performed the law firm that they appoint an individual work in which he or she is inefficient to do the job that has been given or required by the client. In this case study, the law firm has not been able to provide its client that is Henrietta with a qualified and efficient lawyer and thus have evidently breached the contract as it was clearly mentioned in their agreement that they would provide Henrietta with an efficient and qualified lawyer (Gooley, Radan and Vickovich, 2007). The law firm was bound to inform and aware Henrietta about this issue. Therefore, it can be said that the law firm has been dishonest while providing their services to their respective client.
In this case study, there is a requirement of evaluating and analyzing the business law, and the conflicts arise on it. In this specific case study, there are two types of laws which can be implemented. One is a business law which is applied in the terms and conditions of the rules of the firm and the second one is the contract law which is applied in the terms and conditions of the contract during the sign of contract between Henrietta and that particular legal firm. In this case study, it analyzes the problems or issues which are happened between the two parties that are Henrietta and the law firm (Latimer, 2006). The dispute has occurred because the law firm was not able to provide Henrietta with an efficient and qualified lawyer as per the requirement of Henrietta. According to the case study, Henrietta went to a law firm to obtain a restriction to prevent or to ban one of his male friends from visiting with her and stop him from making a nuisance or irritation of him. Then the firm provides her an unqualified clerk who sometimes handles some of the legal actions. That is why; in this case, study, it needs to evaluate and analyze the case according to the aspects and features of the business law and ethical conduct (Pendleton and Vickery, 2000). According to the legislations of Australia, the contract law is only considered while the two selected parties of the agreement between whom the contract will be signed should agree to follow all of the rules and regulations of this law.
According to this case study, there are two major types of laws which can be implemented. One is a business law which is applied in the terms and conditions of the rules of the firm and the second one is the contract law which is applied in the terms and conditions of the contract during the sign of contract between Henrietta and that particular legal firm (Prassl, 2012). One of the most important or chief thing which is required at the time of starting a new business is that the person should have a clear idea about that particular business and about running the business. A business man or the owner of any business should always remain aware of the laws, rules and regulations which are related to his or her business or business law. A businessman should always consult with a lawyer that is a legal professional who can help him with all legal requirements which must comply such as contracts and leases, licenses and registrations, etc. If any businessman wants any legal advice about any issues in their business, then they can take help through an online site Small business legal help guide. It covers many issues related to contracts, fair trading, employment, credit and debt recovery, insurance, finance, tax, and leases (Turner and Trone, 2013). In this case study, the law firm should also bind to follow the terms and conditions of the Business Law. The law firm should have been well aware of the legal rules and regulations that are associated with Business Law before getting into a contractual agreement with a client like Henrietta. When a contract has been signed between the two parties they should have been mentioned clearly about the different rules and regulations, terms and conditions, etc. about the agreement. Contract law includes any rules and regulations which directed towards incorporating some specific promises (Zeller and Cole, 2014). In Australia, the contract law is primarily controlled by the ‘common law’ which implement relating to the protection of the consumer (Vickery and Pendleton, 2003). Freedom of Contract is one of the fundamental principles in Australian Contract Law. But there also have certain limitations in the Freedom of Contract. According to this Freedom of Contract, each of the parties has rights to strike irrespective of the details of the contract. It becomes a good practice if they keep the records of the terms and conditions in writings. This does not require any special forms or procedures. In this case study, Henrietta can also claim against the breaching of contract law as the law firm provides her an unqualified litigation clerk and due to his incompetence she also faces embarrassments.
Conclusion
According to this case study, Henrietta involves a law firm for helping her and to prevent her from that male friend from meeting and to harass her and who is wisely making a nuisance of himself. For that treason, she was in need of an efficient and qualified lawyer to get her out of such a problematic situation. But unfortunately the law firm handover the case to an unqualified clerk who is not appropriate and efficient in handling the case (Vickery and Pendleton, 2006). Due to his inefficiency and incompetency, it causes more problems and depression in the life of Henrietta. By providing an unqualified clerk who is not appropriate and efficient in handling the case, the law firm breached the contract between them and also was dishonest in their conduct. For this reason, Henrietta can file or claim a case against the law firm under the both law that is the Contract Law and the Business Law.
References
Carter, J. (2006). Carter’s guide to Australian contract law. Chatswood, NSW: LexisNexis.
Carter, J. (2012). Contract Law in Australia. Chatswood, A: Lexisnexis Orders/service.
Doris, M. (2013). Promising options, dead ends and the reform of Australian contract law. Leg Stud (Soc Leg Scholars), 34(1), pp.24-46.
Ellinghaus, M. (2007). Australian cases on contract. [Melbourne, Vic.?]: Code Press.
Gooley, J., Radan, P. and Vickovich, I. (2007). Principles of Australian contract law. Chatswood, NSW: LexisNexis Butterworths.
Latimer, P. (2006). Australian business law 2006. North Ryde, N.S.W.: CCH Australia.
Pendleton, W. and Vickery, R. (2000). Australian business law. Frenchs Forest, N.S.W.: Pearson Education.
Prassl, J. (2012). Law, Corporate Governance and Partnerships at Work: A Study of Australian Regulatory Style and Business Practice. Industrial Law Journal, 41(3), pp.379-383.
Turner, C. and Trone, J. (2013). Australian commercial law. Sydney: Lawbook Co.
Vickery, R. and Pendleton, W. (2003). Australian business law. Frenchs Forest, N.S.W.: Prentice Hall/Pearson Education Australia.
Vickery, R. and Pendleton, W. (2006). Australian business law. Frenchs Forest, N.S.W.: Prentice Hall/Pearson Education Australia.
Zeller, B. and Cole, B. (2014). Australian Trade Agreements – A Divergence between Trade Policy and Business Outcomes – Can They Deliver Trade-related Growth for Australia?. Global Journal of Comparative Law, 3(2), pp.236-255.
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