Business Law Example Paper
Business Law Example Paper
Contract law is an area that has received much concentration in recent years. This is a law that explains an agreement between two or more people or parties. It is well established that contracts and contract law have different characteristics that are of grave importance. First and foremost, Mitchel (2009) established the concepts of paper and real law and their incompatibility characteristics. Besides the concepts of paper and real law, it is well established that acceptance is one of the common aspects of contract laws. According to the Indian Contract Act 1872, acceptance in contracts is defined in cases where the person to whom the offer is made confirms his or her assent thereto Business Law Example Paper. At this point, the accepted proposal becomes a promise that the person is obligated to after they accept the offer (Toppr, n.d.). However, it is well established that trying to institute whether an acceptance has occurred is often difficult. On the other hand, it is a requirement for one to inaugurate the occurrence of a bridge.
According to Law Shelf Educational Media (n.d.), acceptance is an important element of a contract. The general rule that acceptance should be recorded for or written down for it to be accepted as a contract. On the other hand, it is well established that an offer automatically becomes a contract that is forcible by law. Additionally, there are other extenuating circumstances where it is hard to identify whether acceptance has occurred. For instance, it is well established that silence can be considered acceptable under some conditions. In this case, it is easier for one party to deny acceptance or argues that acceptance occurred in the court while that might be contrary to reality Business Law Example Paper. It is therefore well established that acceptance in contract laws is sometimes difficult to establish and that every agreement has to be in written form unless there are some extenuating circumstances
Labor and employment law is an important facet of the law in every country. Stone (2008) established the problem in employment law in the USA. However, it is well established that employment law covers a wide range of humans that is the laborers’ rights and freedom when at their workplace. Legal Career Path (n.d.) outlined that an employer has to be aware of some specific facts of the law before considering employing people in their organization. From the case described on the workers of Wilson Airport, the workers had different statuses when it comes to employment law Business Law Example Paper. First and foremost, it is well established that discrimination is one of the common aspects of the case. This essay, therefore, outlines the cases presented in the case study and therefore outlines whether the workers employed by Flotonair were offended and could sue the company as per the employment law.
Legal Career Path (n.d.) outlined that as long as the discrimination of the employees in an organization is towards the common good of the organization, it can be accepted. This common good can be established like the discrimination of a strategic move to attain creativity for better performance. From this explanation of discrimination, it is well established that Jason was not discriminated against when he was not allowed to switch positions in the organization. The organization had to maintain young aged workers in the air traffic controller department due to their efficiency in this sector and therefore Jason could not fit due to his age. This is therefore not considered discrimination under the employment law Business Law Example Paper.
Additionally, safe working conditional is also a requirement under the employment law. It is well established that the employer has to ensure that all the employees in their organization are not subjected to any forms of harm. However, this was not the case in Flotonair Company. Kate had a condition that was not considered with the seriousness it deserves by her employers and as a result, the condition worsened. Additionally, she was dismissed from her job after the condition worsened. This is therefore not as per the employee safety laws and therefore Kate could sew her employer under the employment laws.
On the other hand, dismissing an employee for causing distress in the organization is not considered an offense. According to the Legal Career Path (n.d.), employees are allowed to conduct their business as long as they do not harm their employer in any way. This was however not the case with Ian Business Law Example Paper. Ian’s political comments were a threat to Flotonair Company and like Kevin, his manager had already received complaints. From this, it means that Ian’s behavior could cause the company customers and in turn profits. It is therefore well established that his dismissal from the position as a head waiter was justified. Therefore, it is well established that as much as Ian had the rights of protection and not to be discriminated as per the employment law, he was also at fault for his acts that betrayed his employer and as such, his dismissal was justified could not stand in the court of law.
On the other hand, two employees are considered independent. It is well established that an employee cannot be discriminated in an organization or meant to pay for another person’s mistakes based on their connection, be it family or married. Tamara was married to Ian and as a result of Ian’s misconduct; she was discriminated in the workplace and even denied chances to access some facilities in the organization. She was not invited to attend a victory ceremony for their organization and also, Kevin and Venesa, her manager, and deputy manager respectively discriminated her often because she was the wife of Ian. This discrimination, however, arose from the fact that she was married to Ian, and Ian, on the other hand, had committed some acts that harmed the organization Business Law Example Paper. It is therefore evident that the Mangers of the organization are at fault for this act and Tamara will win against them in the court of law. This is therefore considered discrimination and Tamara can post charges.
Law Shelf Educational Media (n.d.) Elements of a Contract: Offer and Acceptance- Module 2 of 5. A Project of National Paralegal College. Retrieved from https://lawshelf.com/videocoursesmoduleview/elements-of-a-contract-offer-and-acceptance–module-2-of-5-/ [Accessed 19 May 2020]
Legal Career Path (n.d.) What Is Employment Law? Retrieved from https://legalcareerpath.com/what-is-employment-law/ [Accessed 19 May 2020]
Mitchel, C. (2009). Contracts and contract law: challenging the distinction between the ‘real’ and ‘paper’ deal. Oxford Journal of Legal Studies, 29(4), 675–704. https://doi.org/10.1093/ojls/gqp023
Stone, K. V. (2008). The Future of Labor and Employment Law in the United States. Law & Economics Research Paper Series. Research Paper No. 08-11. Retrieved from https://www.researchgate.net/publication/228216833_The_Future_of_Labor_and_Employment_Law_in_the_United_States[Accessed 19 May 2020]
Toppr (n.d.). Acceptance. Retrieved from https://www.toppr.com/guides/business-laws/indian-contract-act-1872-part-i/acceptance/ [Accessed 19 May 2020] Business Law Example Paper.