Demonstrate an understanding of basic business law, its practices and principles, and the legal environment in which business operates

OutcomeA1.1:

Demonstrate an understanding of basic business law, its practices and principles, and the legal environment in which business operates.

 

You are the Business Development Manager of a travel agency ‘World Wide Tours’ which is operating in the GCC countries.

You and a colleague have been requested by the Regional Manager to investigate opening a branch of ‘World Wide Tours’ in the UK.  Before going any further with this initiative, it is considered important to establish the legal background for operating a business in the UK.

 

A specific requirement is that you provide background information about the legal environment within which any business operates in the UK. You must include a description of the following:

  • the sources of law in the UK (5 marks),

  • the English Court System (5 marks),

  • the alternative forms of Dispute Resolution in the UK (5 marks),

  • the methods of International Dispute Resolution (5 marks)

  • the role and application of ethics to the operations of a business (5 marks)

 

 

Guidelines

You will need to report on the legal institutions and processes in the UK for creating and enforcing the law. You will need to explain the options for resolving international disputes. Finally, you will need to discuss the role ethics plays in business and its impact on the way a business conducts its operations.

The assignment is to be 1500 -2000 words and presented as a professional report including citations and a List of References identifying all of your sources. (5 marks)

Task 1 is to be uploaded on Moodle and submitted to Turnitin

on or before 30 September 2018.

 

 

Task 2 Individual REPORT (Parts 1 and 2)

 

Maximum 70  marks allocated

Submission date:  30 September 2018

 

You have been asked to prepare a report for a seminar to explain aspects of contract and tort law to your colleagues. You are asked to illustrate the legal principles by the use of case studies, as detailed below.

You should include the following in a professionally produced report:

 

Part 1 (30 marks)

Outcome A2.1:         Identify the basis, terms and validity of commercial contracts.

Question 1:

  • Betty wants to buy Don’s boat. She telephones him and asks Don how much he would be willing to sell his boat for.  Don tells her, ‘Not less than AED85000’. Betty says, ‘I accept your price, I will bring you the money this afternoon.’

Advise Don whether he is legally obliged to proceed with the sale.          (2 mark)

 

  • Bilal sees a television set in a shop with a price tag of AED 1500. He says he will buy the television set but the shop assistant says that the price tag should read AED 2000 and refuses to sell it to him for AED 1500.

Is there a contract and why?

(3 marks)

  • Explain the differences between:

(i)  executed consideration, and

(ii) executory consideration, and

(iii) past consideration.                                                                                       (4 marks)

 

 

  • If a family member wants to establish that an agreement with another family

member is to be legally binding, what must he/she do and why?

(3 marks)

 

 

Question 2:

(a)Explain the meaning and significance of the following 5 contractual terms (numbered 1 to 5 below). Give an example of each.

 

  1. Express term
  2. Implied term
  3. Condition
  4. Warranty
  5. Innominate term    (6 marks)

 

Question 3:

(1) What is an exclusion clause?                                                          (2 marks)

 

(2) In each of the 2 following situations, have the exclusion clauses been

incorporated into the contract? Give reasons using cases, if possible.

 

  • Mohammed buys a ticket to a concert. On the back of the ticket, there is a clause excluding liability for any loss or damage to the property of the concert goer, howsoever caused.                                                                           (3 marks)

 

  • Ayesha arrives at a hotel, checks in and goes to her room. There is a notice on the wall saying that the hotel will not be liable for any loss of valuable items, if the safety box in the room is not used. Ayesha has been to the hotel 3 times in the last 6 months.                                                                          (3 marks)

 

(3) The Consumer Rights Act 2015 implies terms into contracts for the sale of   goods. Explain the purpose and impact of sections 9, 10, 11 and 15 of the Act.

(4 marks)

 

Guidelines

You will need to report on the legal principles and their application in contract law. You will need to explain the essential elements for a valid contract and their impact on the validity of a contract. In addition, you are required to explain specific terms found in contracts and their significance and the effect of legislation on contractual terms.

Part 2 (40 marks)

Outcome B1.1:         Understand the key provisions of consumer protection legislation.

Outcome B2.1:          Explain the processes for set up of different types of businesses.

 

 

  1. Explain the 3 elements to be proved by the claimant to be successful in a claim for the tort of Negligence?                                   (10 marks)

 

  1. Maha, who recently passed her driving test, decides to drive to the shopping mall. On turning right at an intersection, she negligently fails to see a car being driven by Tariq and crashes into it. Tariq was not wearing a seatbelt at the time of the accident and was badly injured. Tariq’s wife, Noura, hears the crash and rushes to the scene of the accident; she is so shocked at seeing Tariq’s injuries that she shortly afterwards develops a psychiatric illness.

Explain the legal liability of Maha and explain how the defence of Contributory  Negligence can affect such a claim.                                                  (12 marks)

  1. Explain the 4 following types of fiduciary duty which an agent owes to the principal; (i) duty not to take bribes, (ii) duty not to make secret profits , (iii) duty to avoid a conflict of interest and (iv) duty to account.

(8 marks)

 

Outcome C3.1:      Understand the key provisions of employment protection legislation

 

  1. You have been dismissed from your job. You want to make a claim against your employer and are comparing the criteria to be satisfied to bring a claim in either:

(i) wrongful dismissal, or

(ii) unfair dismissal.

Identify the criteria to be met to bring a claim in each and the advantages and disadvantages of each type of claim.

(10 marks)

Guidelines

You will need to report on the legal principles and their application in tort law. You will need to explain the legal basis for a claim in tort. In addition, you are required to explain specific terms from the law of agency and specific provisions from employment legislation.

 

Task 2 (Parts 1 and 2) is to be 2500 -3000 words and presented as an individual professional report including citations and a List of References identifying all your sources.

The report is to be uploaded on Moodle and submitted to Turnitin

on or before 30 September 2018