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Corporate And Business Law Assignment: Evaluating Different Cases

Task: You must write an answer to the problem-type question below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.

Dan owns a business which sells second-hand cars. He employs you as its legal advisor. Dan phones you one day and tells you about the following issues.

The first relates to a customer named Mary who says that she was walking around the car lot and saw a white 2002 Honda Jazz for sale for $ 14 999. She went into Dan’s office and said that she would offer ‘$ 14 000 for the Honda Jazz’. He accepted the offer and Mary said that she would collect the car later that day. When she returned to the car lot, Dan handed her the keys of a red 2002 Honda Jazz, which had been at a different part of the car lot. Mary said ‘That’s not the car I bought’. Dan said ‘Well you just said you were buying Honda Jazz and this is the one I thought you were referring to, so here it is’. Mary walks off the car lot and has refused to pay for the red Jazz or take delivery of it. Dan says that as far as he is concerned, Mary should stick by the deal.

Michael was interested in a 2015 Toyota CX truck that was advertised by Dan for $ 20 000. On 2 January Michael posted Dan a letter containing a form in which he offered to buy the truck for $ 18 500. There was a place on the form for Dan to sign indicating his acceptance. The letter reached Dan on 5 January. He signed the nominated place for acceptance, and put the acceptance into the post on 7 January. On 8 January, Michael phoned Dan and said ‘I’ve had second thoughts about the truck, and as I haven’t heard back from you I am hereby formally revoking my offer to buy the truck’. Dan said ‘Too late, I’m delivering it today.’ Later that day, he delivered the truck to Michael’s premises, but Michael refused to accept it. Dan’s letter of acceptance reaches Michael only on 10 November.

One of the salespeople employed by Dan is new, so Dan does not allow him to make deals and requires that the salesman bring any prospective contracts to him (Dan) to sign once they have been signed by a customer. One afternoon the salesman brings Dan five contracts all at once. Dan is in a rush and signs them without looking them over properly. The salesman sends the signed contracts to each of the customers by email. The next day one of the customers, Gordon, comes to the lot to collect the truck he has bought. When Dan sees Gordon getting into the truck he rushes over and says ‘Sorry, I was keeping that truck back for my nephew to buy’. Gordon says that he received the contract which had been signed by Dan, and that he has already taken orders from clients to transport goods. Dan says ‘Well too bad, I signed that contract by accident and didn’t mean to agree to it.’ Gordon’s lawyer has sent Dan a letter demanding that Dan comply with the contract.

Edgar was walking round the car lot and saw a 2014 Holden Statesman with a sticker saying ‘$ 10 000’ on the windshield. He goes into Dan’s office and says ‘I agree to buy the 2009 Holden Statesman you are offering for $ 10 000.’ Dan realises that one of his workers misprinted the sticker and says ‘Sorry, the actual price of that vehicle is $ 15 000, so no deal.’ Dan has received a letter from Edgar’s lawyer demanding that he (Dan) perform under the contract and accept $ 10 000 for the car.

Advise Dan as to his legal position in each case. You should substantiate your statements of law with legal authority. You must confine your research to the law contained in Topics 5 and 6 only.

Business and corporation law case – Dan v. Clients/customers cases Issues: In this corporate and business law assignment case, Dan is the seller of second-hand cars, and in his business, he faces some of the major issues with the clients. The issues that are faced by Dan are as follows;

• Mary is the customer of Dan, and they had the agreement regarding the selling of a 2002 Honda Jazz for the amount of 14,000 dollars. At the time of delivery, Mary did not accept the car because according to her she orders White color and Dan provided her Red color.
• Michael is another customer who posted a letter to Dan regarding the purchase of Toyota CX truck at 18500 dollars. Later on, Michael changes his mind regarding the purchase of the vehicle where Dan has already signed the acceptance.
• Gordon one of the customer come to collect the truck which Dan was unable to provide because that truck was for his nephew. The situation created in a way where a salesperson provided various contract to Dan to sign at once and in this situation he has signed on the paper of that truck. Now Gordon lawyer has provided a legal letter to Dan to follow the contract.
• Edgar is another customer who saw a sticker of 10000 dollars on the 2014 Holden Statesman and approaches to get the vehicle. But Dan clears him that the sticker was wrongly printed as the actual price was 15000 dollar. Dan, later on, receives the letter from Edgar lawyer regarding the acceptance of the contract for the car.

Law: The situation of Dan as discussed in this case of corporate and business law assignment consists of some of the effective business and corporate law that will help to understand the condition. The law is as follows;

• Breach of contract law and deal regarding the purchase of vehicles (Dine, & Koutsias, 2019)
• Sales of goods act breach within the business process
• Wrong advertisement for the car price that leads to contract and breach of contract (Clarke et al., 2017)
• The law associated with the offer are also effectively utilized within the cases faced by Dan
• Both the parties need to maintain proper legal activities for making the deal

Application: According to the case study described in this business law assignment of agreement Dan is the owner of the second-hand vehicle selling firm, and he recently has faced some of the major issues regarding the contract and the business activities. In the first situation, Dan faces the issue with Mary because she did not accept the delivery of vehicle because according to her the colour of the vehicle should be white, not red. In this situation, Dan provides the view that the colour of the vehicle was not clear by Mary and for that she needs to accept the vehicle as the model is the same that she demanded. The case of Westerbeke Corporation v. Michael Atherton also shows that the organisation provided the wrong product to the customer that causes an explosion (Trial Court Erred When It Applied Wrong Discovery Standard in Products Liability Case, 2019). This case effectively shows that the thing took place due to the mistake of the customer the same as the case of Dan and Mary where Mary needs to make it clear about the colour of the vehicles.

The second case in this business law assignment of agreement is regarding the contract of Toyota CX truck between Michael and Dan. In this situation, it can also be seen that Dan did his job with the appropriate activity where Michael has done the primary fault and the breach of contract. The situation created in the way that Dan received the letter of Michael lately and after receiving it he signed the acceptance, but meanwhile, Michael changed his mind for buying the product. The situation created due to the lack of and delay in communication. The similar case can be found with Colley v. Overseas Exporters [ii] were due to the poor or even lack of communication the breach of contract took place (Colley v Overseas Exporters: 1921, 2019). The condition shows that Michael should have communicated more effectively with the first letter to make everything clear for Dan. It is highly essential for Michael to accept the deal as still; he did not get any other vehicle.

Dan even faces the situation where a salesperson provide numerous contract to Dan for sign in the rush hours, and due to that he has signed to the truck acceptance paper that he eventually kept for his Nephew. The situation took place in the way that Gordon the customer who applied for the same truck came to receive the delivery after he got the confirmation mail. In this, the contract might have happened mistakenly, but it took place, and now Gordon's lawyer wants to continue with the contract which makes Dan liable to follow the contract.

The last situation that was faced by Dan is regarding the wrong printed price on the sticker of a vehicle. Due to this wrong printed price, Edgar wanted to get the vehicle at that price only, and Dan could not sell it because the actual price was 15000 dollar. The confusion was created due to the wrong printed price of the sticker at the vehicle performed by one of the salesperson within the firm (Knapp, Crystal, & Prince, 2019). In this situation, the legal letter from Edgar did not have a valid point because Dan clearly states that this sticker was wrongly printed and the salesperson also approved it, so there is no reason for Dan to maintain the contract and perform the deal within 10000 dollars. It is the fact that the customer needs to understand the situation and maintain the contract most suitably and effectively.

Conclusion This corporate and business law assignment eventually concludes the fact that the cases faced by Dan can be maintained with a proper understanding of the situation. It can be concluded that Mary, Michael, and Edgar need to understand the situation as Dan is not liable for the situation and the consequences that took place within them. It can also be concluded that Dan is only liable for the activity where he mistakenly signed the contract and Gordon came to take the delivery of the car. In this situation, it is essential for Dan to maintain the contract and provide the vehicle to Gordon. Business law assignments are being prepared by our law assignment help experts from top universities which let us to provide you a reliable help on my assignment service.

References Clarke, M. A., Hooley, R. J., Munday, R. J., Sealy, L. S., Tettenborn, A. M., & Turner, P. G. (2017). Commercial law: Text, cases, and materials. Oxford University Press.

Colley v Overseas Exporters: 1921 - swarb.co.uk. (2019). swarb.co.uk. Retrieved 3 April 2019, from https://swarb.co.uk/colley-v-overseas-exporters-1921/

Dine, J., & Koutsias, M. (2019). The Three Shades of Tax Avoidance of Corporate Groups: Company Law, Ethics and the Multiplicity of Jurisdictions Involved. European Business Law Review, 30(1), 149-181.

Knapp, C. L., Crystal, N. M., & Prince, H. G. (2019). Problems in Contract Law: cases and materials. Wolters Kluwer.

Trial Court Erred When It Applied Wrong Discovery Standard in Products Liability Case. (2019). Kelley Uustal. Retrieved 3 April 2019, from https://www.justiceforall.com/blog/case-law/case-studies/westerbeke-corporation-v-michael-atherton-et-al/

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Business Law Assignment: Everything You Need to Know

A business law assignment is generally a legal case study about a dispute which law students are given to resolve through a legal means. 4 min read

A business law assignment is generally a legal case study about a dispute which law students are given to resolve through a legal means.

Business Law

Business law disputes arise between two parties over matters such as a sale, contract, merger, and others.

What Is an Example of a Business Case?

Tiffany got a mailer from Glam Girl Hair Salon. The salon's adverts claimed people could get manicures and any hairstyle of their choice for $15. A surprised Tiffany couldn't resist such a mouthwatering opportunity. She believed the salon was trying to woo new customers with the giveaway price. On getting to the salon, the manager informed Tiffany that there was a typo in the message she received and that the actual price was $100.

It's still a great price, said the manager as it costs about $200 for such service under normal circumstances. An exasperated Tiffany flared up in anger because of the fuel she used to get herself to the salon. Advise Tiffany as a lawyer. What advice would you give her if she was only informed of the real price after getting her hair styled and the manicure?

What Is the Solution to the Sample Business Case?

When a seller advertises his or her products inviting the public to buy, such information is referred to as an "invitation to treat" under contract law. If a buyer offers to buy the product and the seller agrees to sell, an enforceable agreement can be established. In Tiffany's case, she can't claim any travel expense because she only responded to an advert, which in this case is an "invitation to treat". If she had used the service without knowing the actual price, she would be forced to pay $100 and thus be able to establish an enforceable contract .

What Is the Purpose of a Business Law Assignment Report?

The purpose of the business law assignment report is to provide foreign clients with the fundamentals of English law. The report is divided into two parts. The first part details the various sources of English law as well as specific laws which apply to every type of organization.

The second part explains the role of government in legislation and common laws used in the court of justice. The role of government assesses the superiority of the parliament, bill formation, passage of laws, and royal assent. Also, the common law and its application in court use case law and the doctrine of precedent as its legal structure. The report also includes statutory law and its application in legal processes and related legislation.

What Is the Purpose of Law?

The fundamental concept of law holds that laws are formed to maintain basic societal structure through specific behaviors. Violating these behaviors may lead to sanctions on the violator. The court of law or justice is responsible for identifying and measuring rules violations.

What Does the English Law Deal with?

The English law system deals with the following:

• Legislation

What Is the Jurisdiction of the English Law?

The jurisdiction of English law is restricted to England and Wales. England and Wales's legal structure has primary and secondary legislative divisions.

What Is the Primary Legislation of The English Law?

The primary legislation of English law refers to laws created by the delegates of the English Parliament. These laws are similar to legislation created in the Scottish parliament or Ireland's assembly. Also, parliamentary delegates are empowered to create secondary legislation.

What Does Primary Legislation Include?

The primary legislation includes the following:

• Public Act: Acts are passed in parliament after royal assent. Acts can either be old or modern. Examples of acts include the Housing Act 1963 and the Transport Act 2000.
• Local and Personal Act: Local acts cover organizational benefits and corporate restrictions while personal acts cover divorce, grants of citizenship, name and title changes and others.
• Church of England and Church Assembly Measures: The 1919 Power Act (UK) gives the Church of England parliamentary powers. It also includes the Clergy Measure Act and Beneficiary Act.
• Privy Council : These form part of the royal limits. These laws are modified by parliament. They cover the appointments of the prime minister, civil services, overseas limitations under the provisions of the Civil Contingency Act, Government of Wales Act 2006, and the Statutory Instrument Act.

What Is the Secondary Legislation of The English Law?

Secondary legislation are laws created by delegates of primary legislative authority. They include national laws such as the Ireland Act of 1973, National Assembly of Wales Act, Warranty and Regulation Acts and so on.

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Corporate law and company law can be classified as the same. It is the study of the legalities involved in the formation and operation of the company. It also deals with the company regulations and helps the company to deal with their assets during the process of liquidation. It is a discipline that is assumed to be really close to the commercial and corporate laws. The law varies from state to state and country to country, and if you have chosen company law assignment help , then you must know about this fact. If you are searching for the company law assignment help then you are at the right place to get guidance and support in this particular topic.

Division of the company law

If you want to write an assignment on company law, then it must be well known to you that it is divided into two groups that are given below:

• Corporate governance: Corporate governance can be defined as the study of the relationships between the senior officials or the executives of a company. It includes board of directors and the people who elect them to be board of directors.
• Corporate finance: It is the study of the source of finance for the purpose of funding and creating the source of wealth of the company. It also deals in the code of conduct implemented by the managers to enhance their value and their firm’s reputation before the stakeholders.

Company Law Assignment Help Based on the Type of Business Entity

Essential characteristics of a business (company whether public or private).

A company is provided with many power, commitments, controls and responsibilities just like a human being. That is why according to the company’s act 2013; it is called a ‘person’. The company’s obligations and all the other properties are written in the memorandum of association and the company has to act according to its memorandum of association. If you want to read all the features of the company in detail then contact our company law assignment help services :

• Distinctive personality: A company has a distinctive personality which means that the image of a company is distinctive from that of its owners. A company has a legal existence and hence can sue or can be sued by other individual.
• Limited liability: It is a boon for the company as the shareholders are liable only to the extent of their capital contribution. This means at the time of repaying the debts the shareholder only has to pay the amount he is holding in the form of the shares.
• Perceptual succession: It means that once the company is incorporated under the company’s act 2013, it cannot lose its existence until the winding up of the company by law. In other words a company once created by law can only be destroyed by law. As per our company law assignment help experts, it remains unaffected by the death, retirement or admission of the partner.
• Separate property: Our company law assignment help experts, claims that a company is a distinctive individual in the name of the law which means it could hold all its properties under its own name. It is responsible for all the actions taken by its owners.
• Common seal: The experts of Company law assignment help define common seal as the official signature of the company. Since the company cannot sign on its own so it enters into the contract with the help of its common seal.
• Contractual rights: Some of the contractual rights are as following:
• A shareholder cannot bind anyone with the contract made by his company nor does he possesses the right to do it. He has no authority to get the benefit from it.
• A shareholder or a member can be sued for the contracts made by his company.
• The distinctive personality of the organization bounds its owners and members with each other through a contract which cannot be neglected.

Limitation of the actions of the company

Company law assignment help also highlights the reality that the company cannot dare to go against its powers that is provided in the memorandum of association. The company has to be in the limits of its memorandum of association. If a company dares to go beyond its powers and duties then the companies act 2013 has provided certain regulations and punishments for the company. Lifting of corporate veil means that the corporate law has to come to the power and look beyond the veil of the name of the company and to solve the disputes arising. As per the experts of Company law assignment help, Sections (45,147,212, 247 and 542) provide certain rules and regulations regarding the lifting of corporate veil. For example if a shareholder enters into a contract with a third party by providing him wrong and fraudulent information about the company affairs then according to the company law he would be held liable for his deeds and the case would be filed under his name instead of the company.

Company Law followed in different Countries

Every country in the world has a different set of constitution regarding the company laws; hence it follows its own company laws. If you are looking for concrete information on that then this article would definitely help you in this regard.

1. Company Law of United States of America Company law of the United States of America includes 51 different types of laws applicable on different companies. It means there is one law for every state and district in USA. The two sources of these laws are: First, the American bar association and second, the Model Business Corporation Act.

• Corporate governance Company law assignment help describes the power and administration for the country as a combination of laws developed by the court as well as by its own articles of incorporation. It also defines the relationship and the powers that are to be shared by the officials of the company. But it should be noted that different incorporators are bound by different sets of rules but there are certain standards and guidelines including:
• Admission or removal of any stakeholders. The different set of laws provides assistance at different levels. So the most appropriate law can be followed to remove or elect your stakeholders.
• The provisions are also enshrined under the 1940 Investment Advisers Act, incorporation of Investment companies Act and the 1974 Employee Retirement Income Security Act.
• Corporate finance The corporate finance of the United States of America, includes the 1940 William Act and Investment Adviser Act, Consumer Protection Act and Dodd- Frank Wall Street Reform, the 1934 Securities Exchange Act and the 1933 Securities Act.

2. Company Law of United Kingdom The companies incorporated in the UK is governed by the company law formed under the Company’s act 2006. Company law assignment helps expert explain that the Corporate Governance Code of United Kingdom, the 1986 Insolvency Act and the Court Cases and Derivatives of the European Union have a huge bearing on the Company Law of United Kingdom.

• Corporate governance Company Law Assignment Help specialist elucidate that corporate governance in United Kingdom deals with the balance of two inseparable organs that are; the board of directors or the higher authority of the company and the General meetings held during the financial year.
• Company law assignment help provides that the removal of the stakeholders could be done only if the majority supports the decision.
• Companies in the United Kingdom are free to grant their employees the right to enter as members and it also provides the right to elect the board of directors. But still there are some orthodox companies who do not follow this practice.
• The directors of the company are assumed as the key authority of the company. Section 171-177 of the 2006 Companies Act of United Kingdom bestows 7 key powers to the director.

The Experts at TotalAssignmenthelp.com providing Company Law Assignment Help explains some acts that are used in the corporate governance of the company in the United Kingdom such as:

• The 1982 Supply of Goods and Services Act: it provides for reasonable prices, time, skills involved and cost incurred for Goods and Services.
• The 1979 Sales of Goods Act: It provides provisions for ensuring reasonable quality goods and services without presence of adulterants.
• Consumer protection act 1987: it can hold anyone liable if he sells the product that is not up to the standards.
• The 1984 Data protection Act: The Source of any personal data such as name address and any other personal information needs to be documented.
• Price making order 1991: it makes the provision of writing the selling price on the goods.
• Corporate finance It should be kept in mind that in United Kingdom, the finance of the corporate is concerned with the rights and duties of the shareholders or the members, its workers and the directors with reference to accountability and reliability. The 1986 Insolvency Act has provisions that regulate the process of insolvency and the rights of creditors arising out of such an incident, particularly on the basis of a floating charge.

3. Australian Company Law The Australian Corporate Law is mostly derived from the company law of United Kingdom. The corporate could be formed with just one statute or law governing it, which is the Corporations Act 2001. The Australia securities and investments commission single handedly enforces these statutes.

• Corporate governance Apart from providing information pertaining to compliance and explanation of statutes governing the company, Corporate Governance also spells out the duties of the Directors
• The Corporations Act 2001 provides every shareholder or the member a single vote per share. But it can deviate from one share one vote from company to company as listed in Australian stock exchange.
• As provided under Corporations Act 2001 (section, 249 d) there should be meeting if 5 % of the member vote for it or at least 100 members request for it in a written format.
• Directors have the right to do anything that is best for their company. Their rights are subject to similar jurisdictions in terms of loyalty towards the organization and the obligation of care towards the benefits of the company.

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Business and Corporate Law Assignment – A Limited Liability Partnership Coursework

Peter, Paul, and Mary should consider starting a limited liability partnership (LLP). A limited liability partnership that has at least two members is similar to a general partnership because both entities file similar tax returns. LLPs do not treat their members as employees. Thus, there is no withholding of tax on their income. Like partnerships, LLPs have self-employment taxes and limited life. Corporations are independent entities with liability for their actions and debts. They have complex tax and legal requirements. While a partnership may be crippled by limited life and disagreements, partners are able to combine their skills and finances in running the business. In addition, partnerships enjoy management flexibility, pass-through taxation, and limited liability. A limited liability partnership is an ideal business entity in this case. It enjoys the flexibility of partnership while avoiding the complex formalities imposed on corporations.

A limited liability partnership is a corporate body with separate legal status from its members. This entity requires at least two members. They enter into a “limited liability partnership agreement” which describes the nature and scope of their relationship. The registration of an LPP occurs at Companies House upon the completion of the Memorandum of Association, the Articles of Association, and Form IN01. Following registration, members file statutory accounts, an incorporation document, an annual return, and certain notifications on debentures and mortgages.

That all the three members had sold the company before the death of Peter canceled the policy by implication. The selling of the business dissolved the entity. As a result, both the insurance company that issued the life insurance policy on Peter’s life to fund the shareholder’s agreement and the insurance company that insured the building cannot be held liable. Peter’s life insurance only goes beyond the period in which he is useful to the business. In a similar way, the fire policy could only be applicable if the partners were still in legal ownership of the entity. Following the sale, the partners lost insurable interest in the business.

Steven has a right to survivorship in the apartment building. He has the right to dispose of the apartment to Richard despite the fact that he had written the will before Paul’s death. The joint ownership of the Certificate of Deposit also binds Steven to his mutual obligation to Amanda. He cannot waive his legal obligation to the joint tenancy by assigning his share to a third party. Hence, the Certificate of Deposit will not be passed to Richard. The life insurance proceeds will not be distributed to Richard. Steven had not canceled the life insurance policy, implying that the benefits are to be passed to his nominated beneficiary, Karen. Steven’s intention was for Karen to be the beneficiary of the insurance proceeds. The “test of intention” also applies to the gift Steven gave to the American Cancer Society. He wrote the check with the intention that it would be delivered to the American Cancer Society for charity. The fact that the gift is beneficial to the American Cancer Society implies acceptance, even though it is not yet mailed.

The merger extinguished Ace Manufacturing Inc. Newco assumed all the liabilities, privileges, and rights of Ace. Hence, Newco is liable for any judgment that the plaintiff obtains in relation to the item manufactured by Ace before its incorporation. Newco should structure the deal differently by adding a contractual merger clause to the merger agreement. This can be used with parole evidence in defense of such fraud claims.

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IvyPanda. (2022, April 2). Business and Corporate Law Assignment - A Limited Liability Partnership. https://ivypanda.com/essays/business-and-corporate-law-assignment-a-limited-liability-partnership/

"Business and Corporate Law Assignment - A Limited Liability Partnership." IvyPanda , 2 Apr. 2022, ivypanda.com/essays/business-and-corporate-law-assignment-a-limited-liability-partnership/.

IvyPanda . (2022) 'Business and Corporate Law Assignment - A Limited Liability Partnership'. 2 April.

IvyPanda . 2022. "Business and Corporate Law Assignment - A Limited Liability Partnership." April 2, 2022. https://ivypanda.com/essays/business-and-corporate-law-assignment-a-limited-liability-partnership/.

1. IvyPanda . "Business and Corporate Law Assignment - A Limited Liability Partnership." April 2, 2022. https://ivypanda.com/essays/business-and-corporate-law-assignment-a-limited-liability-partnership/.

Bibliography

IvyPanda . "Business and Corporate Law Assignment - A Limited Liability Partnership." April 2, 2022. https://ivypanda.com/essays/business-and-corporate-law-assignment-a-limited-liability-partnership/.

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Corporate law and company law are both the similar approaches that define the set of formations and operations in the company. The corporate law governs with the company’s rules and regulations. It works for the small start-ups and large ventures, organizations, and agencies on both the global and domestically. This encompasses inside its location all subjects worried with groups and “ law or IT associated agencies ”, proper from their delivery till their closure. This consists of the constraints of the natural bonding and ideal business courting between the numerous companies like:

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What are the Divisions Under the Corporate Law?

The corporate law is divided into two broader sections namely corporate governance and  corporate finance assignment help . BookMyEssay’s professionals are higly skilled at providing corporate law assignment help to the college/university students. Let’s learn more about it.

• Corporate governance : The laws which begin within a company along with various power relations come under the corporate governance.
• Corporate finance: Laws that concern the methods or ways in which the capital earned by the company are used and invested is termed under the umbrella term of the corporate finance.

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