This website uses cookies to ensure you have the best experience. Learn more

Business Law Essay

1666 words - 7 pages

Question 1

This issue with this case concerns the offences committed by the three China bus drivers that went on strike, the required criminal laws to deal with the offences committed are Duress, Tort of Conspiracy, Employment law and Discharge of Contract.

As part of the common law, Duress happens when one party refuses to agree into a contract and is forced to agree to the contract by violence or a threat, and also the threat must be of relation to actual physical violence to life, limb or liberty of the plaintiff or members of his family. In the case of Barton v Armstrong (1976), A threatened to kill B if B did not enter a contract which was wholly unfavourable to B. In relation to ...view middle of the document...

Thus, the three bus drivers Zhang, Wang and Chang can be charged with Penalty for Instigation for inciting other train drivers to partake the strike alongside with them.

In Singapore, Employment law, also known as Labour law, have made it known that it is illegal for workers involved in essential services, whereby for this case is public transport, to go on a strike unless a 14 days’ notice has been given to the employers. Even after giving a notice, workers are still going to go on a strike, so one might think that it actually defeats the purpose of giving a notice. However, the purpose of giving notice was to allow emergency arrangements to be made to ensure a minimum service necessary for the well-being of the public. The bus drivers caused disruption for essential service in Singapore by going on a strike without any notice which is illegal and has thus can be sued under Employment law in Singapore at court.

Discharge by Breach applies for this case as Actual Breach which is a wilful act of breaching a contract, by his own act of disabling himself from performing the contract, and the other party can treat the contract as discharged and can be sued straight away. In the case of Synge v Synge (1894), a man agreed before marriage to settle a house on his wife after marriage, however subsequently conveyed the house to a third party. Similarly to the case, the bus drivers agreed to work for the company on a contract, however decided to go on a strike instead, considered as their own act of disabling themselves from performing the contract and thus can be charged in court for Discharge by Breach.

In conclusion, since a contract in law requires offer and acceptance, the bus drivers accepted thus they are legally bound; however they chose to go on a strike and even committed conspiracy among several other bus drivers from the Philippines and India in an effort to make the authorities succumb to their demands of a better pay and shorter hours. Therefore, they can all be charged with Criminal Law and be fined up to S$2,000 and/or jailed for up to a year with the offences mentioned.

Question 2

The issue with this case concerns the Law of Tort, whereby an Indian restaurant is to be held responsible for Komola’s condition due to choking on the food with the remains of a half-eaten lizard that caused her a serious stroke. As she can no longer practice law and is bed-ridden, her husband has come to ask for the measure of damages that could be claimed against the restaurant.

The Tort of Negligence, generally seen as carelessness, requires all three elements to be established in order to succeed in an action namely Duty of Care; Breach of that duty and Damage resulting from that breach.

A Duty of Care in Tort Law is a legal obligation imposed on an which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. In the case of Donoghue v....

Other Papers Like Business Law

Business Law Essay

935 words - 4 pages punishment for violation of the crimes. It also helps to resolves disputes by providing a basis for deciding the legal interest and rights to every party involved in the dispute. Modern law in the United States regulate businesses and individuals in a combination of constitutional law, statutory law, common law and administrative law on a federal, state, or local level. (Melvin, 2011) The function and role of law in business can help with the

Business Law Essay

1230 words - 5 pages BUSINESS LAW IN CROSSBORDER TRANSACTIONS Question 1 Common Law and Civil Law are two of the world’s legal systems. Common Law, which is also called Anglo-American law, has its roots in England and implicit in former English colonies like USA, Australia, most of Canada and Malaysia. On the other hand, Civil Law, which is also known as Continental European, is originated from Western Europe and divided into four groups. The first one is

Business Law

1361 words - 6 pages , patents and copyrights, and ordinary contract rights, has only conceptual existence and thus does not come under Article 2. A moveable item can be carried from place to place. Tangible property is property that has physical existence and can be distinguished by the senses of touch and sight. A car is a tangible property; a patent right is intangible property. (Miller, Jentz. Business Law Today: Comprehensive. 9. VitalSource Bookshelf. South Western

Business Law - 4137 words

4137 words - 17 pages Chapter 43 Law for Small Business ------------------------------------------------- Section 1: The Importance of Legal Counsel ------------------------------------------------- Section 1: The Importance of Legal Counsel This chapter will cover the specific laws for small business owners and requirements needed for someone to start their own small business. The legal principles in this chapter are applied in the context of a small

Business Law - 1508 words

1508 words - 7 pages principles and cases and thus reliance on what others have written is necessary. This guide attempts to provide you with some assistance in writing and referencing law academic papers. Some basic resource materials are also noted. [NB: This guide is a starting point only.] There are two types of Law Academic Papers Students who take the Business Law Major will inevitably be expected, at some stage, to answer at least two different

Business Law - 928 words

928 words - 4 pages IRAC Method of Case Study Analysis Nsima Etok and Christopher Dunbar Business Law 531 March 31 2015 Gregory Martins Introduction In any type of business, whether it is partnership, Limited Liability Company (LLC) and or a Corporation, these are seen as different types of businesses that involves one, two or more People. The same is implied to businesses that are operated internationally between different

Business Law - 369 words

369 words - 2 pages Problem 1 ISSUE Is the terms of Ash’s contract with Davis Car Rental Pty Ltd unfair under the ACL? LAW ACL s.23 states that a consumer’s contract is unfair if: * It causes a significant imbalance in the parties’ rights and obligations, * It is not reasonably necessary to protect the legitimate interests of the business; and * It would cause detriment to the consumer. APPLICATION The car hire contract is considered as a

Business Law - 1696 words

1696 words - 7 pages are the flexibility and inexpensive way you can organize and control the company. The owner can create their own policy and procedures as long as they are with the parameters of the law. They receive all income generated by their business and can reinvest as they see fit. Disadvantages There are a few disadvantages sole owners can experience such as raising funds, use their own personal savings and acquiring debt through business loans

Business Law - 3883 words

3883 words - 16 pages AbstractInternational trade has existed since times immemorial and can be dated as long back as 2000 B. C. With the increasing complexities and volumes in international trade, an urgent need for a uniform code for regulating these transactions was keenly felt in present day economy where domestic and foreign politics play their influencing role in conducting transnational business. International Law for business aims at providing the regulations

Business Law - 692 words

692 words - 3 pages Business Law Q.1. What is meant by discharge of contract? Discharge of contract relates to the circumstances in which the contract is brought to an end. Where a contract is discharged, each party is freed from their continuing obligations under the contract. A contract may be discharged in one of the following ways: * Discharge by Performance * Discharge by Breach * Discharge by Agreement * Discharge by Frustration

Business Law - 575 words

575 words - 3 pages Class Assignment for Business Law Question 2a) Advice Adam with respect to what remedies are available to him as a result of the breach of contract by Edwin? Adam and Edwin are in a agreed contract to purchase a car at $500,000. The issue is what can Adam do if Edwin is to breach the contract between them, with respect to the remedies available to him in order to stop Edwin from selling the Rolls Royce to an Arabian Sheik for a

Related Essays

Business Law Essay 629 Words

629 words - 3 pages employer or a doctor or even a public place where one can make phone calls. Statutory Law Most new law is statutory law. It affects each of us in business, professional and personal lives. This is more a people-made law or a law made as a result of people electing local legislators who pass state statutes; people vote for senators and representatives who create federal statutes. Example: Criminal Law. Bills Bill is a proposed statute

Business Law Essay 908 Words

908 words - 4 pages Business Law 315 - Chapter 1 Review Questions 1. In the common law system of the United States, a crime is defined as: a. a private wrong that necessitates litigation between the victim and the perpetrator b. any act prohibited by the government and made punishable through imprisonment or fines c. litigation where the injured party sues to recover compensation for the damages and injury sustained as a result of the defendant’s

Business Law Essay 854 Words

854 words - 4 pages between or among independent nations. * Executive Orders laws issued by the President or by the governor of a State.Administrative Law body of law created by administrative agencies to carry out their regulatory powers and duties. | Chapter 2 Definitions | Ethics study of what is right or good for human beings.Business Ethics study of what is right and good in a business setting. | Ethical Theories | Ethical Fundamentalism individuals look

Business Law Essay 982 Words

982 words - 4 pages procedures. The rules are so complex and they can affect other entities of the business this law is very crucial. Administrative law is the rules that have been established by the company. These rules help guide orderly conduct and established goals for the company. The Case and Common Law Doctrines, which has been discussed earlier about. Furthermore, when you think about common law and all the Sources of American law what is it so