P3. Using specific examples illustrate how company, employment and contract law has potential impact upon business

Business law 1000 WORDS - we need to give a Legal opinion on the scenario bellow: but also we need to definition what is business organisations, Salomon vs Salomon and Co ltd (1897), lighting the corporate veil, also to mention what documents needs to register a company- name of the company- not allowed similar names or misrepresenting also do not offend people with the company name, memorandum of association and articles of association

 

P3. Using specific examples illustrate how company, employment and contract law has potential impact upon business

 

Scenario:

For the purpose of this assignment, you are the manager in charge of Cloudline System (Cloudline) legal Department. Cloudline legal team is required by the organisation to provide legal solutions to problems stated below.

Mr Park was a sole trader operating his business with no business premises but only a Van repairing and delivering refurbished phones, and had over 2 decades built up loyal customers in his Hertfordshire neighbourhood. Mr Surrey a new graduate of Business Management has since his graduation been helping out with the business and is often full of new proposals on how to expand and effectively run the business. Mr Surrey would often quote impressive business management ‘maxims’ to Mr Park one of his favourite maxim was ‘fail to plan, plan to fail’. Mr Park who was at the time 70 years, in poor health but had a young wife. Subsequently, Mr Park agreed to Mr Surrey suggestion to draw up an agreement which will allow Mr Surrey to take over the business in consideration that Mr Surrey employs Mr Park for life and then pay a monthly allowance of £500 to Mrs Park.

However, the business has been incurring large debts paying solicitors who act for the business in series of legal actions brought against the business.

Mr Surrey for twelve months considered how to avert some of the legal problems and fees. During this period Mr Surrey was often heard muttering to himself ‘Lean Production’. To this effect, Mr Surrey established a legal department premised on Games Theory.

 

• · Company Law:

 

Mr Surrey has expanded the range of Cloudline business activities to sales of new phones and accessories, rentals and delivery services and the customer base to include business organisations. Two of Cloudline major business clients are Ordinance Chambers and Duke Legal Education Limited (DLE). Mr Surrey next move he mutters is to operate the business as a limited liability company.

 

• Employment Law:

 

Mr Surrey since ‘Brexit’ vote whenever he sees Mrs Park, who now works as Cloudline ‘s front office manager, mutters ‘Agile business’ and this week Mrs Park has been informed that there is a new policy at Cloudline titled ‘Agile Brexit’ the effect is to cease providing services to people of European origin . Mr Surrey hastily published a circular stating that the policy is his way of enforcing QUICK implementation of ‘Brexit’. Mrs Park was beside herself and promptly tendered her letter of resignation. The matter has been brought to Cloudline legal team.

 

• Contract law:

Many of the telephones gadgets Mr Surrey installed at Ordinance Chambers failed to work as described, Cloudline is also known for late delivery of products to Ordinance Chambers.

Duke Legal Education (DLE) dealings with Cloudline has not been smooth sailing either, many of the accessories supplied to them do not work as specified. The purchasing manager of DLE had signed a sales agreement in very small print, without reading it - The agreement provided that “any express or implied condition or warranty is hereby excluded”.

Mr Surrey who claims to have an eye for new profits making ventures believes vintage phones will be trending instructed Ms Ebuscity his newly recruited venture manager to attend an auction where vintage phones were being sold. Ms Ebuscity was the highest bidder for Vintage telephones at an auction, but had withdrawn her bid before the fall of the auctioneer`s hammer. Cloudline has received a seriously worded letter demanding payment for the goods purportedly bought at the auction. Mr Surrey has refused to pay for the goods.

Not long after Mr Surrey took over the running of Cloudline Mr park died. And soon after his death Mr Surrey began muttering to himself “Cloudline is a business not a welfare system”. To this effect, Mr Surrey instructed his account’s officer to stop making the agreed monthly payment to Mrs Park.

• Cloudline legal team manager is required to write a legal Opinion, the legal opinion must include the following:

Using specific examples illustrate how company, employment and contract law has a potential impact upon businesses. P3

Guideline:

• Advise Mr Surrey on the legal requirements and procedures for incorporating the business and selection of a suitable name. Mr Surrey has suggested using ‘ICloudline systems’ as the corporate name. What would be the potential impact on the business of not following the correct steps?

 

• Advise Mr Surrey on the legal position regarding his “Quick Brexit implementation” Policy and about Mrs Park’s employment rights and determine the potential impact on the business of Mrs Park’s prompt resignation letter.

 

Advise Cloudline operations’ staff on the position of the law on quality of products, misdescriptions and late delivery of goods in relation to issues with Ordinance Chambers and the potential impact on the business using the provisions of the Consumer Rights Act 2015.

 

 Advise Cloudline account’s staff on the letter demanding payment for the goods purportedly bought by Ms Ebuscity at the Auction and

Explain the legal effect of the Clause “any express or implied condition or warranty is hereby excluded” signed by Duke Legal Education Purchasing Manager.

 Explain to Cloudline account’s officer the position of the law in relation to Mrs Park monthly allowance agreement.

 

M2. Differentiate and analyse the potential impacts of regulations, legislation and standards – FLLOWING p3

 

 

M1. Evaluate the effectiveness of the legal system in terms of recent reforms and developments- GIVE AN EXAMPLES FOR ANY RECENT REFORMS AND DEVELOPMNETS IN THE LEGAL SYSTEM