Assignment
Introduction
The module aims to provide a coherent analysis of the relationship between law and business. Law is an important part of the business environment, providing a framework for the creation and regulation of business relationships and activities. This module will give students an understanding of the nature of law with particular reference to the English Legal System, Contract, Tort and other areas of law that affects businesses. Further, this module provides students with an opportunity to develop detailed knowledge and understanding of the sources and content of this area of law, alongside a parallel development of analytical, application and communication skills.
This module has its own specific learning outcomes and also contributes to the course learning outcomes.
Module Learning Outcomes
On completion of this module the student will be able to:
Develop an understanding of the place and function of law in business organisations and transactions.
Analyse the legal liability of parties in business transactions and recognise the case for reform in this area of the law.
Demonstrate the capacity for legal analysis, research and problem solving skills within the context of Business Law, including the ability to produce a written advice (for example, be able to answer a problem).
Identify key arguments and structure a reasoned opinion of a general or a specific nature and retrieve information from a variety of sources.
Programme Learning outcomes:
A1 Demonstrate relevant knowledge and understanding of organisations. the external environment in which they operate and how they are managed
A2 Demonstrate relevant knowledge and understanding of markets. customers. finance. business operations and strategy
A3 Demonstrate relevant knowledge and understanding of people. operations and information system
A4 Demonstrate relevant knowledge and understanding of communication and information technology. business policy and strategy and pervasive issues eg. global isation and sustainability
Learning outcomes:
B1Make effective use of critical thinking, for example, in evaluating statements in terms of evidence
B2 Make effective use of analysis, for example, to detect false logic or reasoning
B3 Make effective use of synthesis: for example in formulating and solving business problems.
B4 Make effective use of the principles, processes and evaluation of research and various data sources
Learning outcomes:
C1 Make effective use of communication, IT, numeracy and quantitative skills.
C3 Make use of effective self-management in time, planning and behaviour.
Task 1
Mr Wong. a Chinese investor, wishes to invest in Stratford. Advise him on the choice of a business, the different forms of business organisations available for him to use. and how the law would affect his business when it commences.
Task 2
Naseem who has begun to work as a market trader. bought several items from Rashid. a market trader who is retiring. Naseem has experienced the following problems with the items bought:
• The Mercedes van which Rashid sold for £2000 has proven to be totally unroadworthy. When Naseem took the van to the mechanic workshop for repair he was told the engine was actually a Mitsubishi engine which was liable to fail at any time
• Naseem bought Rashid's stock. including a box labelled Casio Digital Watches.When Naseem displayed the watches for sale. his customers pointed out that the watches were not digital watches
• A tarpaulin which Naseem bought has been seized by the police because. unknown to Rashid. it was one of a consignment stolen from the manufacturer. Naseem has asked Rashid for a refund.
Naseem has agreed with Rashid to pay for the items by instalments. The contract for sale includes a clause: 'Ian instalments must be paid by the due date". Naseem has paid all instalments by their due date but was late for the final payment. Before he makes the final payment. however. Rashid terminatedthe agreement and sued him for damages for breach of contract.
Task 3
The Government's plan to impose a new contract on junior doctors from August 2016 has created a row between health professionals and politicians:I-he contract will reclassify doctors' normal working week to include Saturdays and up to 10pm every night of the week except Sunday. Doctors argue they will lose out financially as evenings and Saturdays will be paid at the standard rate rather than a higher rate. The dispute escalated in the summer of 2015 as ministers said they would impose the deal, which plans also to scrap automatic annual pay rises. In November 2015. about 45.000 junior doctors in England voted overwhelmingly in favour of strike action. Then Jeremy Hunt. the Health Secretary, offered junior doctors an 11 per cent rise in basic pay and new safeguards to prevent them working dangerously long hours, in an attempt stop the strike. Proposed industrial action and subsequent discussions have however failed to break the deadlock and the British Medical Association has described the new contract as "fundamentally unfair.
Task 4
East London Tourshas been contracted to provide an educational tour of Oxford University to a number of college students and teachers. The company provided a coach for the tour, but the driver. Ade was reckless and crashed the coach on the way to Oxford. The crash was due to Ade's dangerous driving.
Ade had instructed all the passengers to fasten their seat belts before they set off. During the journey. however. Charles. one of the teachers, had unfastened his seat belt because he felt uncomfortable. Charles was severely injured in the crash. There was evidence to show that his injuries would have been minor if he had worn his seat belt. Shanice, another teacher, was uninjured in the accident and remained seated until the paramedics arrived. She told the paramedics that she wished to leave the coach to get some fresh air. The paramedics warned Shanice that for her own safety she must not leave the coach until they had examined her. Against this advice, she attempted to exit the coach. Because the passenger door was unusable due to the collision. she used the rear door, which had a very high step down to the ground. As she was stepping down she fell and suffered a broken hip. Both Charles and Shanice are planning to sue East London Tours (or their insurers). Advise them of any claims they may have and any defences they may be met with.