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LAW1054
UK
The University of Newcastle
The legal elements that are required for the binding contract are consideration, intention, ability, approval, legitimacy, compensation. These are the elements which should be documented. Laws are constructed to restrict conduct of law. Contract law is a subject that gives the literacy by facilitating many opportunities for the parties to negotiate and it gives a lot of benefits in the relationship. Hence parties have to sign the agreement as per the basic rules of the contract of law. There is a freedom that is given that they could design the agreement that opt for. However there are some contracts in which there can be inequalities due to which party a party has put the pressure by using the bargaining power.
It happened when the party has limited knowledge, less power than the unfair contractual agreement situation arises. The legal six elements are the integral part for the formation of the contract law. If any one of these elements is missing it is a failure of the agreement and consideration of breach would never be successful. Offer is a temporary commitment which starts with negations of the contracts. After the offer is accepted then the positive conduct is required which means parties have agreed and authenticated the law. Consideration works as a compensation in form of insurance to provide financial protection. Furthermore intention helps in maintaining the healthy legal relations. In terms of capability or capacity it depends on the company’s legal entity. (Mehandi, 2019)
LCCA wrote to Metro Products offering track A at £10000 PA. Metro Products wrote
In reply that she was very interested but needed to know whether it was the
extended version Track A. The following morning, soon after LCCA read Metro
She immediately sent a fax to LCCA stating, ‘Accept your price of £10000 for the
extended version’. Assuming that the Track A is the extended version, is there a
contract? If so, does the price include delivery? Explain your reasoning.
As per the case study of Brogden v Metropolitan Railway Co: HL 1877, the parties had a contract to sell and buy coal. A draft had been made and supplied to the railway company upon which the agreement had been done. Later on draft had been sent back for adding some minor clauses with the purposed arbitrator. After that coal had been supplied on the basis of the terms which were set in draft contract however Railway Company did not complete the norms and that draft contract remain incomplete. Similarly the offer which had been in written by LCCA was the valid offer to Metro products.
The track A had been supplied as per the terms of that draft contract. But Metro products later on were not able to meet that norms set and the Draft contract was held as incomplete. The agreement which has a large sum of transaction like LCCA Track A, there is a requirement of the signatures of authorization. Terms in an agreement are incorporated through expression of the promises, by not only referring to one term, but reference to other terms and conditions also. These laws need intervention from the court as well. Contract laws acts as a best agreement and normally court intervention is not required to that extent if both the parties agree. Both the entities have an agreement and Metro product has been enquiring about the extended version which is its right as per the agreement.
When a contract is signed that is both the parties have to keep their promises as per the contract. But if one of the entities could not keep their promise that could be called "Breach of contract". Hence the plaintiff has a right to go forward with various options which are damage ,performance and injunction. So as per the court enforcement if the demand which is mentioned in the agreement is not fulfilled by another party then it is a remedy for the specific performance. But in this case, it still comes under the Law “offer” in which the entities express its willingness to do. Once the offer is accepted then it is transformed into agreement, once both the parties accept it. (Railway, 1877)
The question has not been answered which is whether there a contract or not which should include an explanation and cite case law cases examples to support answer.
Miss descriptions and late delivery of goods in relation to issues with Music limited
(CAL) and the potential impact on the business using the provisions of the
Consumer Rights Act 2015.
As per the case study about Melachrino v Nicholl and knight &co Ltd, the seller of the products refused to accept the contract of sale in advance of the date decided. By the time date to deliver the product had come the market price had fallen down than the contract price. There is an agreement as per the contract to deliver the goods on time and not more than 30 days after the contract had been done? Under the consumer right Act 2015, there are many standards that should be applied on all the transactions that a party should consent as a satisfactory. If the products that bear supplied by LCCA are not meeting the requirements, then as per the law there is a short duration for the rejection in done within 30 days.
The 30 days term does not start until it has been delivered to the Metro company .If LCCA agrees for the repairing or the replacement during the initial 30 days period then the thirty day term is put on the pause so that metro company should have the reminder of the 30 days’ time period or seven days to observe whether the repairmen has been good or not. The contract of law the contract of law. As per my opinion, If LCCA is not able to deliver as per the agreed time it could be defined as a breach of contract. In maximum of the countries , before the compensation is claimed . It is important to give the chance to LCCA to fulfil the agreement as per the contract. This is actioned by the default notice. Before the consumer act 2015, there was a good act as well. The Consumer has the right to claim the compensation in the situation when there is damage due to digital content or it is also possible that damage would not have occurred if the commercial has taken the affordable skill and care. Damages are the breach of contract.
Provide own opinion and cite case law cases example to support answer.
Explain the legal effect of a Condition and Warranty being breached within a contract
And the legal consequence of each supported by case law.
As per the Consumer protection act there are legal measures that give special rights to consumers. It offers protection to the customers who buy products for the personal usage .Any commercial business that sells to customer makes it sure that they are abide by the Consumer Protection Law. If one business is not attached to the Consumer protection law, the outcome can be treated as a criminal offence. Legal action can be taken by consumer. General Product Safety Regulation act 2005 assures that if the products are unsafe for the customer than it would be treated as an offence .Customer who has received the damaged product has right to claim. As per the case study of Abouzaid V Mother Care wherein the condition of the Pram was not good due to which it hurt eye of the child. The Mother care was held responsible for giving the product below the safety.
If the Condition and warranty are being breached by the party then the innocent part has the right to claim the damages for the breach. Besides that they have whole rights for the termination of the contract. It could be defined as the “Repudiatory breach of contract “The party can also claim damages caused as per the breach of contract. It could depend on the seriousness of the consequences as per the breach of the term. The innominate term defines as a breach of warranty or a breach of condition also. It depends on the terms and condition of the circumstances of the case. It comes under the Anticipatory breach law when the conditions or the warranty has been breached as the entity repudiates the contract or is not able to give the performance. As per the Case analysis as the entity is liable for providing the old products to the consumer. (Anon., 2001)
No relating legislation mentioned. Also answer needs to be supported with case law examples.
LCCA has been informed that a client Bevis LTD (Bevis) has received a winding up
order following a creditor’s petition in court. Peter was appointed the liquidator.
Please explain the appropriate legislation and the order in which payments should be
made.
Winding up is a process in which company is dissolved and his assets are collected and realised as required. The payment would be use in clearing the debts payments. When these are cleared then the remaining amount is used to clear as the amount to the members of the company as the contributions to the company as per the articles of the company. Winding up a company is a legal process. Under the process of the winding up the duration of the company is ended and the possession is used for the benefit of the members and the creditors. So the order of the payment as per the liquidation would be ranked as below:
. Winding company means a process by which company will come to an end and not dissolute. It comes under the insolvency act 1986, in which a company, or an individual or any other linked organisation is not able to meet the requirements and the financial organisation for paying the debts due to the due. Bankruptcy is the flaw which does not come under insolvency. It is a determination set by the court which results into the legal orders. The case has been analysed into the case study of Salomon Vs Salomon in which company had transferred the boot making business. In the beginning it was run my Salomon and his family. The price was paid to the Salomon however the company had the floating charges over the assets of the company. However, when the company was unsuccessful, it went into liquidation. In this process debentures stood prior and unsecured creditors good nothing from this liquidation process. (Anon., 1897)
Order of payment and amounts to be given as per the liquidation info not identified. No relating legislation mentioned e.g., Insolvency Act and no case law examples cited.
Explain the general principles, legislation and Common law as well as the
Implications of the following:
IPR, Trademarks
Health & Safety
Welfare, Social and Environmental legislation
The Contract is known as an agreement which is authenticated by a law. There are three basic principles that are built at the time of the creation of law
Generally, offer can be described to express the willingness for the agreement on the mentioned terms with the intention of both the parties and then later on being accepted and addressed by both the parties. An acceptance is a finalised expression of consent on the basis of the agreement. In the contract law, compensation is a very important part without this element contract law is incomplete. Compensation could be talked about something regarding value which is stated as a promise in the contract. For instance, what would be paid by the consumer will work as a compensation.
Trademark works as a protector for the owner and gives him an exclusive right to avail tithe duration of this protection term varies, however there is an option of the renewal also. In a broader vies trademark helps in promotion of the business worldwide. It rewards the owner with the recognition and the financial profit also. It also makes competitors efforts as unsuccessful. The system makes the skilful people, to represent their goods in the best possible conditions. Trademark is one of the important elements of the contractual property.
The Owner of the contract is accountable for the safety at the work site. It is also mandatory for him to design a safety plan. It is important for the owner to provide all the health and safety profusion in the Health and safety act and linked policies which are concerned to the Safety. Both the parties agree about their employed adequate protection from any safety and health situation.
As it is the 20th Century, it is important to understand the legal law which is based on the philosophical theory. A new social law is the law of the equal rights. Which helps in seeking to socialize the law and losses which could be different with the different social groups and situations which take place .Social law always has a dimension which is political in nature. Environmental law is related to environmental protection which includes the protection of the environment while working, the employee has a right to educate themselves about the legal norms and policies pertaining to it.
Copyright is a right which is given as per the law to the holder of dramatic, literary, artistically and musical works. Copyright is a law which protects the different expression and thoughts. It should be noted that there is no copyright of one idea as ideas are always different as per the individual. Everyone has a right to protect their own work. Copyright helps in protecting the rights of the authors and the creations also. As for the creative industry, creativity is the integral part and in a civilized society. The development of the economic and social is dependent on the creativity. The copyright protection provided for the efforts by musicians, architects, designers, artists, producers who do sound recording, cinematograph films and computer software and it works as a motivation for the others. (NA, 2016)
Employment Law
State what if any legal courses of action Mrs. Smith has. [Support our comments with case
law]
Employment law
Employment law is the law which defines the relationship between the employers and the employees and ire comprises the expectation of the employers and the responsibilities that employees and it also includes the rights that employees have .Employment law also states the norms and policies about the business which is self-employed work. There are two types of rights in the employment law and that are statutory right (which are rights set by acts of parliament and Employment unit regulation) and another law is the set up in the contract of the employee.
Employees have to act with the complete honesty towards the organisation. It is responsibility of the employee not to disclose the confidential information about the business which could be regarding profit, customers or an product of the company .As per the case analysis of James V Eastleigh, the case was regarding the gender discrimination irrespective whatever the aim was behind it .As per the court held it was stated that for a male gender a man of 61 like Mr James has right to receive free swimming facilities as his wife had been facilitated with. In Case of Imad, where he instructed Mrs Smith not to sell the cloth to the coloured one that comes under the breach of a statutory right and would give a right to employee to seek a help from the court.
As it is the important norm of the law not to be discriminated against on the basis of the cast colour or creed. Irrespective of his concern the coloured people should not be discriminated on the basis of the colour. She claimed it as Constructive affair and dismissal for the race discrimination. Although Mrs Smith was not herself coloured but she has full rights to claim on the basis of the race grounds .Hence she can claim the constructive dismissal. It occurs when the employee resigns on the basis of hostile environment created by the organisation.
Generalised answer with no use of correct legislations to support answer and no case law examples mentioned.
Contract law
Explain whether Imad has to pay any money or if Jack can claim for partial completion.
Contracts can be discharged in four different ways
The basic rule of the discharge by the performance that it has to be performed strictly as per the norms and the policies. As per the agreement the discharge of contract can be of two types bilateral and unilateral. In bilateral both parties are obligatory to finish the contract and in unilateral one party are obligatory to finish the contract and other party can be release from their obligations .A contract can be discharged if the terms are not met. The court can hold it as frustration if the norms and policies are not met properly. As per the case study of Sumpter V Hedges, a builder was not able to claim for the work that he had completed because he abandoned the work as per the time mentioned in the contract. In that case, there are no options that have been left for the Sumpters rather than acceptation whatever had been done. So as per the Doctrine of Partial performance hedges has to be paid for the performance done. Similarly, Jack has to be paid for the work he has furnished under the doctrine of partial performance and defender has to accept the work done, which could be a problem rather than a profit. (Anon., 1898)
Recommend legal solutions based upon a different country’s legal system and/or a
different legal framework.
Legal system is defined as a method or process which describes the enforcement of the law. It is the elaboration of the rights and accountability in many ways. In any country legal system comprises of constitution which is not oral constitution, statues legislation which has been established by the constitution. There are other laws known as subsidiary legislation which is made by the primary legislation which can be made by a person or any authorization which are made primary legislation. When there is some infraction of the contract, one can approach legal services for the advice to safeguard their rights.
The impact of the taxes on the industry, it works as increasing of a cost. When the government changes there is a change in the laws also of every country, the example is the minimum wage of the employee increases then it effects the profit of the business . It is important for company to advise the reason of the termination. Employment law has been constructed to protect the laws of the employee and it also comprises of various norms and policies .Generally the lawsuit covers up all the aspects of norms and policies. Generally employment laws covers up contracts of the employment , condition, the treatment provided to the different employees in the form of facilities , salaries and perks, the working hours and the working of the business and the makeovers of the business.
Company Law
Company Law- Imad has fashion/photography design studio. After many months of
Planning, he decided to create a new collection of inspired London’s monuments T-shirts
Aimed to an international market
Advise Imad on the steps they will need to take, and any issues or restrictions
They should bear in mind, in creating and naming their company, what would
be the potential impact on the business of not following the correct steps.
The company act 2006, states some major areas of company law and it comprises of some of the company legislation which are existing. Before this act was known as Companies act 1985. Major companies are dependent on the common law and the equitable rules by the English courts. For the formation of a company there is a list of the documents that needs to be filled with the registrar of the company at the company house (head of the Department for Innovation, business an d skills) as per the legislation of the governing company law and that is known as the company act .The documents comprises of Form, memorandum of association, Articles of Association. In the formation of the company there are some restrictions that need to be addressed:
The most important and prior thing that should be considered is a name; there are certain sections in the memorandum that need to be filled to avoid certain restrictions. It is important that the name of the company should end with private limited. The name should not be sensitive or offensive. If the name of the company would be similar to the trademark it could be the breach of the trademark law.
This is the advantage in forming a company which helps in formation of the structure of your business .This can be done through the shareholding. It is always good to have different type of shareholders so that there should be different rights in respect of voting, different rights and ability to transfer shares.
To form a company it is also important to form a registered address of the company for the legal proceedings and other legal proceedings.
Fashion law is a particular field of law that specifies legal issues that has the impact on the fashion industry. For starting a company it is import ant for Imad to look after the integral issues in fashion law which comprises Intellectual property, business and finance and the holder has to look after the international trade and government regulation which has the safety durability. Following are the steps that need to look after:
There are many wide scopes of norms that are pertaining to initializing and funding a fashion business. Initial public given by many major fashion brands company. Ingress of the private investment. There are many legal restrictions that need to be considered regarding then clothing and stuffs which comprises of
The steps include the economic development, ethics, the international trade, and the laws regarding the modelling.
The case study of Salomon v Salomon & Co Ltd
He formed a business and held one share each for his family. Salomon became the managing director, consequently it collapsed, and he made a claim on the basis of the debentures held as a secured creditor.
Answer is inadequate to the question. Steps to forming a company not given and restrictions not clearly explained.
The legal system of UK has three separate legal systems in four countries such as Scotland, wales, north Ireland and England. The United Kingdom does not have constitution however comprises of four parts Statute law, Common Law, Conventions and Works of authority. Out of these laws, statute law is the most significant and important law. Though Queen is the head of the country however Parliament has been considered as the Supreme and has been given the command to make the laws. The Government has two chambers known as the House of Lords and House of Commons. The House of Commons is made of the elected members and the House of Lords are the inherited members and seniors.
The alternative dispute resolution is the process in which the dispute settles without any legislation under arbitration, negotiation and mediation. This process is less expensive with more scope. When two or more parties are facing some kind of dispute and they are unable to resolve the dispute themselves. In that case, another individual take the initiative to resolve the issue. So it will not be resolved by a compromise however by a decision. So it can be the term in which the dispute would be settled with applying private means. The outcome of such disputes can be enforceable and binding .
The arbitration can be in the form of a norm in the contract or may be it can be separate agreement. It is important to document it.Another requirement is it has to be in form of electronic communication so that it could be implied as the reference when required .The arbitration agreement could be classified into two types a present or the future legal dispute. The employee who had signed an agreement with the company always gets a handbook in which he had a consent form for the arbitration agreement. The agreement has the provision that the employee was required to follow the provisions of the handbook.
The employer had no responsibility not to abide by the agreement to the employee arbitration. There are many instances which are linked to the arbitration law. In the commercial arbitration which is alternation to the legislation. This is with the assurance of both the parties. All the participants such as parties , counsels , the institutions , organisations and abitararators should be interested in ensuring that the arbitration should be delivered with numerous advantages linked to it.Legal systems has a different way of prospective for handling it . The arbitral law is an effective to an extent as it helps in the promotion of the advantages in terms of economy, technology and information. (Bermann, 2002)
Answer is insufficient.
Arbitration is a procedure through which the dispute or the issues between the two parties between two parties which could be legal right and responsibilities. In ad hoc arbitration, both the parties have right to negotiate and they can go ahead and settle with the arbitrators with them directly. Both the parties could make their own arrangements for selecting the arbitrators , designing the rules , norms and policies and also the administrative system. If his adhoc arbitration is properly structured then it would be less expensive than the institutional arbitration .On the contrary the disadvantage of the adhoc arbitration is that its effectiveness can be dependent on the wish of the party upon agreement over the procedures in the situation when there is some dispute going on.
However in institutional arbitration the parties are liable to pay the fees as which has been stipulated by the company. The rules are established before and the availability of the administrative assistance with the provision of the sectarian. Another benefit is in institutional arbitration the efforts of the parties and lawyers are saved for determination of the arbitration procedure and drafting also .The draft has been revised periodically by the institution. In the institution arbitrator s are selected by the parties and they are taken from the different region of the party. Generally it is said that entities are the masters of the arbitration , however in institutional certain powers are acquired and they have this right to impose their wish on the parties .Hence it could be difficult to justify that institutional arbitration is better than ad hoc arbitration .
Creative industries are undergoing lots of modification these days .This revolution has brought lots of distinctive options like progressive opportunities so that new options should be explored, new inventive ideas should be inspected, taking the decision for the new strategies .Creative industries had been created in 1994 in Australia, when the report has been launched as “Creative Nation’. Later on Head of British labour government, Mr Tony Blair also set a CITF (creative Industries Task force) as the major task for the cultural department .Creative industries plays a significant role in the economic growth as well. Intellectual property is the stimulant that works that helps in reforming the creative tasks into the creative industry.
There has been a law that is granted to the creators or the holders of the industry to create or disperse their work. Hence it is important that creator should be aware of his rights in terms of the violation and protection. So it is really important to learn through the education of the laws about your own rights, how to ensure that you are being identified as the holder of your firm? What is the significance of the protection and exploitation of your own work? What are the rights that you have in one specific field, in creative industry, how long you can continue working for the creation of the new works? However it is difficult for a creator understand his own intellectual property possession and how that could be protected through the agreements. The agreements which include the licensing agreement also. It is obligatory to give the consent from the creator’s end and the agreement also has to be authenticated. Intellectual property right is the only components to look after, there are copyrights patents, designs and trademarks are the protection rights. There are different rights which are applicable to different prospective of work like
In the case analysis where Imad wanted to open a new showroom so the legal restriction and the norms and the polices has been mentioned while studying the case.
Some of the rights are created automatically while the creation of the work. However there are some of the rights that need to be applied by filling the forms. The rights are generally probably on any countries but it has to be registered in a limited with some important geographical limitations and these rights should be within the country which will be jurisdicted as a grant.Copyrigt is the right which works as the protection of the owner of the property rights in music, artistic, dramatic and literary and film works. These rights work as a protection against those who try to use them as a duplicate or can use it originally also.
These rights also grant the permission exclusively to use, lend or permit others users to make copies or the modification they form. These provisions work as the incentives for the creators .Performance rights are another kind of intellectual rights which are also mad musical and literary performances which could be done in the way of recordings available. Besides that another law Design which could be registered or not and tis law helps in the protection of designs for the creation of objects since the recording has created. The law of Confidence is the protection which helps in the confidential information; this law helps in disclosing by the user who received the information as a confidential relationship. Social law always has a dimension which is political in nature and important to be considered with a legal contract as well. Environmental law is related to environmental protection which includes the protection of the environment while working, the employee has a right to educate themselves about the legal norms and policies pertaining to it.
Creative industries apply the creativity of an individual skills and job talent and creation of the wealth from one generation. Creative industries have a target set for the artistic products, vision arts and development in the music by adding the business dimensions. While doing the case analysis for winding up of LCCA’s client Bevis Ltd has been winding up and it accounts more than 10 percent and it had been growing more while winding up the developments could be considered. While Imad has been opening the ITC market provided certain information regarding the launching, training and advisory services are required to support the creative industry sector.
Adams, A. (2016) Law for Business Students (9th Ed.) Harlow: Pearson.
Davies, G. (2010) Copyright Law for Artists, Photographers and Designers. London: A. & C. Black.
Entrepreneur Handbook. 2021. How to form a company in the UK - Entrepreneur Handbook.
Flew, T. (2012) Creative Industries: Culture and Policy. London: Sage.
Freeman, M. (2016) Industrial Approaches to Media: A Methodological Gateway to Industry Studies.
Lawcasesummaries.com. 2021. Hoeing v Isaacs [1952] EWCA Civ 6 – Law Case Summaries.
Prowda, J. B. (2016) Visual Arts and the Law. London: Ashgate.
www.atomcontentmarketing.co.uk. 2021. Clothing manufacturer legal issues.
Zuidervaart, L. (2010) Art in Public: Politics, Economics, and a Democratic Culture. Cambridge: Cambridge University Press.
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