Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Tuesday, 11 December 2012

Business Notes: Law - Contracts

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What is a Contract?

A contract is a legally binding agreement between 2 people (it does not need to be written!)
Written contracts are mainly for proof (such as a receipt in shops are evidence for the purchase which you have just made) or to look back on what was agreed.

Contracts Gives Parties RIGHTS & OBLIGATIONS

Some contracts must be in writing because statute requires it, for example:

• Property
• Finance (credit) - inc. phone contract
• Employment - - need to know to be able to refer to it

Four 'Ingredients' Must Be Present in Order for a Contract to Exist

1. Offer
2. Acceptance (an agreement, not yet a contract)
3. Consideration
4. Intention to create legal relations

All four of the above must be present in order for a contract to exist. If one is missing then there is no contract between the parties.

Formation of a Contract

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Business Notes: Law - Types of Liability

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Ways in Which a Company May Become Liable:

·         By breaching a CONTRACT - results in damages being paid if successful
·         By committing a TORT (Civil wrong) - results in damages being paid if successful
·         By breaching a STATUTE - results in damages being paid if the Act creates civil liability or a fine if the Act creates criminal liability

Relationships to Consider

A business has many relationships:

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Business Notes: Law - Key Term: Tort

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Tort - A civil wrong that does not depend upon the existence of a contract. - The actions of one has affected another but there does not have to be a contract between the people involved.

- Esjae 

Business Notes: Law - Key Terms

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Accused - The person being prosecuted in a criminal trial

Adversarial Procedure - Trial in which judge acts like the referee in the context between two opposing litigants.

Claimant -The party who brings a civil action

Common Law - Various meanings determined by context: law applicable to the whole of England/ judge-made law rather than statute/not the law of Equity

Crowm - The prosecutor in criminal proceedings

Defence - The person being prosecuted/ their legal representatives

Defendant - Person against whom criminal or civil proceedings are brought

Precedent - Previous judicial decision influential and possibly binding in later cases

Business Notes: Law - Differences Between Criminal & Civil Law

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- Esjae x

Business Notes: Introduction to Law

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We need to know the difference between criminal and civil law (we will focus upon civil law but occasionally touch upon criminal law).

Civil Law = us as individuals exerting our rights

Businesses are civally liable to their customers in many circumstances but crimanally liable in other circumstance. However most customers do not know what their rights are (some businesses use this to their advantage).

Criminal situations are usually quick because the freedom of the individual is at risk, therefore they are usually released the following day. However the civil process takes a long time for any conclusion to be made.

The two courts for civil cases are:
  • ·         High Court
  • ·         County Court


Within civil law you don’t use the term 'guilt'

Thursday, 1 March 2012

Business Notes: Unit 4 Topic 3 - Relationship Between Business and the Political and Legal Environment

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Government Intervention:
  • Funds/money
  • Education
  • Social services
  • Health care
  • Emergency services
  • Defence
Local:
  • Waste disposal
  • Road maintenance
  • Street Lighting
Public good are not provided by the private sector but suffer from the 'free rider problem' as everyone has the opportunity to consume them.

Merit goods are where the consumer doesn't fully appreciate the benefit of consuming them.

Government Legislation and Regulation:

Consumer:
Food Safety Act (1990)
Sales of Good Act (1994)
Trade Descriptions Act (1968)
Consumer Credit Act (1974)
Weights and Measures Act (1963)

Health & Safety
Health & Safety at Work Act (1974)

EU
European Works Council Directive (1994)

Environmental
Clean Air Act (1993)
Environmental Protection Act (1990)

Competition
Competition Act (1998)
Companies Act (1985)

Employment
Disability Discrimination Act (1995)
Minimum Wage Act (1998)
Sex Discrimination Act (1975)
Equal Pay Act (1970)
Age Discrimination Act (2006)
Race Relations Act (1976)
Employment Relations Act (2000)

Purpose of Laws

Consumer Law
  • To ensure fair treatment of individual consumers
  • Clear and transparent prices
Employment Laws
  • To ensure fair and non discriminatory of workers race, gender, age
Competition Law
  • To ensure fair trading conditions apply to all companies
  • Restricts monopoly power, price fixing
Health and Safety Law
  • To ensure employees, customers and all visitors can operate in a safe environment
Environmental Law
  • To ensure the sustainability of resources and reduce the pollution into the environment
EU Laws
  • To ensure common legal framework throughout the EU
Government Economic Policy

Fiscal Policy is the use of taxation and government expenditure to influence the economy.

Monetary Policy is controlling the money supply and the rate of interest in order to influence the level of spending and demand in the economy. This uses quatitive easing this means that when there is a rise in interest rates customers feel poorer and spend less on luxuries due to having a lower discretionary income. Also businesses invest less as its more expensive to borrow money to purchase capital goods (long payback period and lower ARR). When there is a fall in interest rates consumers feel richer and therefore spend more on luxuries due to having a higher discretionary income. Also investments by businesses increas as it is less expensive to borrow money (short payback period, higher ARR). Therefore to slow the economy down the government could raise interest rates when using monetry rates but if the government wants to boost the economy (such as during a recession or slump) they could reduce interest rates.

Supply-Side Policies boost the level of output (level of total supply) which makes the economy more efficient. These policies include:
  • Education and training
  • Reduce regulation and red tape
  • Subsidies (a payment to encourage production and or consumption) eg. alternative energy
  • Labour market reforms (make it easier to switch between jobs) eg. reduce the power of trade unions
  • PFIs (Private Finance Initiatives) Private sector provides funds instead of the government.
EU Membership

27 Countries:
  1. Greece
  2. Bulgaria
  3. Romania
  4. Hungary
  5. Slovakia
  6. Slovenia
  7. Italy
  8. Austria
  9. Czech Republic
  10. Poland
  11. Lithuania
  12. Latvia
  13. Estonia
  14. Finland
  15. Sweden
  16. Denmark
  17. Germany
  18. France
  19. Spain
  20. Portugal
  21. Belgium
  22. UK
  23. Ireland
  24. Malta
  25. Cyprus
  26. Luxemburg
  27. Netherlands
Benefits of EU Membership for a UK Business:
  • There is an access to a large market
  • Large market = opportunities for economies of scale (lower costs and increased specialisation)
  • Competition = encourages innovation
  • Opportunities for european marges and joint ventures = synergy and improved efficiency
  • Wider labour market
  • More mobility of capital, able to invest anywhere
  • Freedom of movement
  • No tariff or quota
  • Single currency = no exchange rates = no transaction costs
  • Pan Europe marketing
  • Ansof Matrix: Market Development
  • Emerging markets
Negatives of EU Membership for a UK Business:
  • Increase in legislation
  • Need to meet technical standards
  • Increased competition
  • Labour and capital attracted to other EU countries
  • Labour maybe attracted to other countries
  • Language/cultural barriers
  • Countries outside euro have to pay transaction costs
  • Diseconomies of scale
Strategies UK Firms Should Adopt (to maintain competitiveness)
  • Merge/take over
  • Share technology and knowledge
  • Reduce unit costs and overheads
  • Reach a wider market/ audience
  • Move production to low cost areas
  • Effective working practices (training and motivation)
  • Product development
  • Multi site locations
Free trade -> Trading Bloc -> eg EU -> free trade between the countries within the bloc.

Free trade means that there is no restrictions or trade barriers meaning there are no tariffs and no quotas

If the UK trades with China there are trade restrictions, there are some tariffs and some quotas

Advantages of Free Trade:
  • Comparitive advantage - trading bloc as a whole benefits
  • Competition - encourages/ forces firms to become more efficient and competitive
  • Trade creation
Disadvantages of Free Trade
  • Infant industry - needs protection in the early years
  • Jobs: cheap labour, cheap products

These notes have come from my Business Studies A Level Lesson.

- Esjae x

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