legal part 1

legal part 1

K2 Understand the main types of law affecting business organisations and explain how businesses are influenced by employment, consumer and environmental legislation
A2 Apply knowledge of an aspect of the legal environment to an organisation and demonstrate how it affects business planning and operations

The Law of Contract

1. Outline and briefly explain the essentials of a valid contract

2. Describe one of the following terms to do with a contract using examples and case law, as appropriate, to illustrate your points.
a. Invitation to Treat
b. Consideration
c. Capacity
d. Unilateral and bilateral contract

Scenario

Leeds Call Centre is recruiting new staff to deal with UK enquiries about financial matters. All candidates must submit their applications on-line.

The manager, Ameel, looks at the online applications to decide who to bring in for interview. He rejects, dismisses, one applicant immediately on the basis of his name, Vald Tepes, which Ameel believes is Romanian. Ameel thinks that foreigners will be unable to communicate clearly over the telephone. Ameel also rejects another candidate, Blodwyn Jones, who lives in Wales. He thinks she is likely to have a strong Welsh accent that will be difficult to understand over the telephone.

Ameel has an excellent deputy manager, Rona, who has been employed for 6 months. Ameel is worried Rona will be promoted above him so he decides to dismiss her. Rona works her notice and is offered a better job in a different call centre. That job is conditional upon a satisfactory reference. Ameel provides a reference but it is inaccurate and critical of Rona. It means that Rona does not get the job.

Rona’s friend, Janine, also works at Leeds Call Centre in the computer department. Janine is so angry about the way that Rona has been treated that she resigns. Ameel agrees to pay Janine in lieu of notice (give her the money instead of making her work her notice). On the day that she leaves, Janine downloads a virus to the computer system which destroys all the personal data relating to customers of Leeds Call Centre.

Questions
1. Explain two common law duties owed by an employee to an employer
2. Explain two common law duties owed by an employer to an employee

3. Explain what claim, if any, Vald Tepes can bring against Leeds Call Centre

4. Explain what claim, if any, Blodwyn Jones can bring against Leeds Call Centre

5. Advise Rona what claim, if any, she may have in relation to the inaccurate reference supplied by Ameel

Please make sure that you use information relating to the law in the UK only.

Do not use US, Australian, Indian or any other jurisdiction. Be careful when you use the internet to avoid this.

note : i am a student in foundation year