...that society are dependent on the law to define how the society will work together. From the making and enacting of rules to the enforcement of those rules, the law is the guideline for that society. In America, we have a federal system in which a national government coexists with the government of each state (Melvin, 2011). While it takes many layers of law to delineate the abilities and limitations of businesses entities, the Commerce Clause and the Supremacy Clause have the largest effects. The commerce clause gives the federal government broad power to regulate inter-state commerce and intrastate commerce. The Supremacy Clause allows the federal government to trump state-level statutes if the federal law is constitutionally sound. This means that the federal government can make and enforce most of the standards and practices that American companies must follow. This paper will take a look at the function and role of law in business today. This paper will look at my present job, and the role of law and how it applies to my job. Function and Role of Law in Business The role of the law is to act as guidelines for how people are supposed to behave in a society. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, they monitor fair wages, fair hiring practices, proper reporting of earnings, and hold businesses accountable for mistakes. The law has many different functions,...
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...Role and Function of Law Law/421 September 2013 Instructor Name (A PAPER) The Roles and Functions of Law There are different functions and roles of law in the modern business society in the justice system. The business law is a specific set of rules regarding oversees businesses and can take measures to correct injustices. These rules of law provide the social functions in peacekeeping, balancing government power, providing individuals’ freedom, implement plans with appropriate expectations, establishing social justice, and safeguarding the environment. Peacekeeping is an important role of law in the modern business society. These laws provide rules for appropriate conduct are to ensure peace for between each party participating to resolve dispute. The act of peacekeeping is more difficult today since the businesses are subject to civil and private disputes the predetermined business laws assists in solving the disputes. When these disputes happen the options are to file a lawsuit can be costly and a length of time to resolve or agree to a compromise. Another alternative is to use alternative dispute resolution (ADR), or arbitration, or mediation. Through these methods, a settlement can be create closure and achieve an agreement between both parties. Balancing government control and providing individual freedom dealing with United States Constitution has a built-in system of checks and balances with limitations. The government duty is to question if businesses...
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...‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. Rifatul Ahsan Yasdany ID: 102 0273 030 Law 200 Section-09 Date: 22-02-2013 Declaration i. The topic referred to in this assignment has not been submitted for another degree or qualification of this or any other University or other Educational Institution. And ii. The ownership of any Intellectual property rights, which may be described in this paper, is vested in the North South University, subject to any prior agreement to the contrary, and may not be made available for use by third parties without the written permissions of the University, which will prescribe the terms and conditions of any such agreement. Title: ‘The Law of Contract confines itself to the enforcement of voluntarily created civil obligations’-illustrate and explain. ABSTRACT This essay attempts to focus on the scope of the law of contract in relation to its enforcement capability of voluntarily created civil obligation. In an attempt to do so, the basic elements of the law of contract were discussed. Then attention was directed to civil obligation. Various interpretation of the civil law or obligation revealed its voluntary nature. Then in an attempt to create a link between the law of contract and civil obligation, both the concepts were related and it was found out that contract law did indeed enforce voluntary civil obligations. Finally, this view was countered...
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...Role and Functions of Law Paper Law is used in many forms throughout the nation. Many companies use law to ensure they stay in compliance with state laws, where others use it in society to function. Each person may use law in their workplace and not even know it. This essay will discuss the role of law in business and society and how I have used the role of law in my past job. In business law is often used in larger businesses to make sure the company stays in compliance with all the states laws. Large companies often keep what is called “in-house” counsel on the payroll in a position such as vice president or general counsel because of “extraordinary regulatory burdens such as complying with the securities or patent laws” (melvin, 2011, p. 7). Depending on the size of the company the general counsel may also have additional attorneys that he or she supervises. Other companies may just have a lawyer on retainer to advise them in business ventures or legal paperwork such as an acquisition. “These attorneys devote a significant amount of their professional time to advising businesses on issues such as formation, governance, labor and employment laws, regulatory agency compliance, legal transactions, intellectual property, and other legal issues important to business operations”. These lawyers focus on business and rarely perform other task. “Law firms vary greatly in size from one or just a few lawyers in a local or regional practice, to those firms that have hundreds...
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... Class: PROC 5890-Government Procurement Law Date: July 16, 2014 Instructor: The purpose of this paper is to focus on the legal aspects of procurement management and how procurement management plays a significant role in the success and management of a project. The topics that will be covered include the following: basics of common contract laws, cases involving procurement management decision, Federal Acquisition Regulation (FAR) regarding procurement management, Uniform Commercial Code (UCC) regarding procurement management, Statement of work (SOW), and project manager duties regarding procurement management. In order to discuss procurement management we need to first define what procurement management means in our society today. Procurement is the act of obtaining or buying goods and services. “The process includes preparation and processing of a demand as well as the end receipt and approval of payment. It often involves: (1) purchase planning, (2) standards determination, (3) specifications development, (4) supplier research and selection, (5) value analysis, (6) financing, (7) price negotiation, (8) making the purchase, (9) supply contract administration, (10) inventory control and stores, and (11) disposal and other related functions. The process of procurement is often part of a company’s strategy...
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...Role and Functions of Law “Rules were made to be broken.” A phrase commonly uttered by the youth of America. Commonly uttered, and unfortunately wrong. Rules, or laws, were put in place to regulate everyday life so that people and organizations all operate in similar manners to keep peace and show respect for those around us. Laws were made to be followed, thus building a community in which everyone can coexist happily. The role of the law is to act as guidelines for how people are supposed to behave in a society. They are similar to lines in a coloring book. When followed a perfect picture is formed, but it is up to the individual to stay in those lines. They regulate the common events such as driving to work and larger events like the marriage of two individuals. Laws have just as big of a role in the business world as they do in society. Laws instruct each business of how they must act in certain situations, thus giving each business a fair chance at surviving in our economy. They monitor fair payment to employees, proper reporting of earnings, and hold businesses accountable for mistakes. Without laws both society and business would become whirlwinds of chaos. The law also has many different functions, in both society and business. One main function is resolve disputes between two opposing parties. One of the main methods of solving disputes is litigation. While litigation is commonly thought of as a trial, it has many stages that come before the actual...
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...The Functions and Role of Law in Business and Society Law/421 Functions and Role of Law in Business and Society On a normal weekday, you wake up, prepare breakfast, take your kids to school and then you join the traffic jam and head to work. It may seem like a typical day, but there were many laws that influenced and allowed these actions. Regulations were followed by the utility companies to service your home. The school adhered to educational regulations for your child to attend. The city followed law regulations for you to be able to commute to work and lastly, your employer followed certain regulations to be able to operate. In Business and Society Laws play a major role in business and society in more ways that we know. Laws influence many areas of business and society that following them requires minimum thought. The purpose of laws is to maintain social control and keep the public safe by resolving issues fairly and safely (“Business Law”, 2014). Laws create and establish order by detailing what is acceptable and unacceptable behavior for society and businesses. They promote good faith dealing amongst merchants and the public. In society, public law includes criminal, administrative and constitutional laws. These laws help keep society protected by establishing what is lawful and what is not. Society feels safe when others who break the law are removed from the population. People are able to enjoy their lives outside of work...
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...ASSIGNMENT ON LEGAL ASPECTS OF INTERNATIONAL CONTRACT SUBMITTED TO SUBMITTED BY PROF. A K PANDEY PRABHAT ANAND(2K12B72) INTRODUCTION INTERNATIONAL CONTRACT: The international contract is a contract that has a foreign element, that is to say that the contract is in contact with one or more order (s) legal (s) abroad (s). Specifically, the foreign element may be resident abroad, a party to the contract, nationality, place of contract conclusion, and many other possibilities. The commercial contract is a contract for a commercial transaction or a contract made by a trader for the purposes of his trade. Therefore an international commercial contract is the addition of foreign elements in a commercial contractual relationship. Example is a contract between a French commercial agent to an American entrepreneur. Or it may be a contract between a French company and a provider of electronics in China. The formation of a contract Main points that need to be addressed: • Agreement: who decides that an argreement has been reached (objective/ subjective approach) • Offer and acceptance: offer of invitation, display of goods, advertisements etc leading to acceptance • Certainty and agreement mistakes • Consideration and form • Intention to create legal relations: domestic...
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...Assignment 1 – Who, What and Why? (A) Criteria – 2A.P1, 2A.P2, 2A.M1, 2A.P3, 2A.M2, 2A.D1 Task 1 Your task is to consider legal cases and situations in the civil and criminal courts and use your information to prepare a report which evaluates how civil or criminal law, courts or personnel have been used in a selected case. Your report should explain the role of civil and criminal courts and the role and responsibilities of the people involved in two situations in each court. Do this by carrying out the following activities: 1. After you have read the two scenarios below, prepare notes to explain the role the role of the civil law and its courts in each situation and the roles and responsibilities of the people usually involved in a civil case. A. John buys a second-hand mountain bike from his local bike shop for £500. Within a month the gears start slipping. John takes the bike back to the shop 3 times for repair but the problem is not fixed and the shop refuses to give him a refund or a replacement. John wants to go to the civil court to get his money back. B. Ashley a talented young tennis player with a glittering future; is involved in a serious accident. She is driving home from practice when her car is hit from behind by a large truck. Ashley suffers serious spinal injuries and is still in hospital. She is bringing a personal injury claim against the driver of the truck. Task 2 2. When 19 year-old Tina is arrested for shoplifting...
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...International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith Giuditta Cordero Moss∗ ∗ University of Oslo, g.c.moss@jus.uio.no Recommended Citation Giuditta Cordero Moss (2007) “International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith,” Global Jurist: Vol. 7: Iss. 1 (Advances), Article 3. Available at: http://www.bepress.com/gj/vol7/iss1/art3 Copyright c 2007 The Berkeley Electronic Press. All rights reserved. International Contracts between Common Law and Civil Law: Is Non-state Law to Be Preferred? The Difficulty of Interpreting Legal Standards Such as Good Faith∗ Giuditta Cordero Moss Abstract Most commercial contracts are nowadays written on the basis of English or American contract models, irrespective of whether the legal relationship that the contracts regulate is governed by a law belonging to a Common Law system or not. These contract models are drafted on the basis of the requirements and structure of the respective Common Law system in which they were originally meant to operate. These models may therefore be in part ineffective or parts thereof may redundant, if the governing law belongs to a Civilian system. To overcome this tension between Common and Civil Law, it is sometimes recommended to subject international contracts to non-state...
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...Topic Two: Human Rights Rights The nature and development of concepts of human rights. State sovereignty, ‘natural law’ doctrine, historic constitutional documents, movement for slavery abolition, trade unionism, universal suffrage and universal education Human Rights Human rights are the basic rights to which all human beings are entitled to. The most recognized document in modern human rights is the Universal Declaration of Human Rights, created by the UN. Human rights can be said to come from the idea of ‘natural law’. Natural Law Doctrine is the idea that some laws come from God or higher reasoning whether they have been written down or not. State sovereignty State sovereignty refers to the power of a state to have control over its territory and its subject. It’s important for protecting human rights because it means someone whose rights are being abused can flee to a safe country for protection. Because it restricts the actions of neighbours and other concerned states, also allows human rights abuses to go unpunished within the boundaries of a state. Movement for the Abolition of Slavery Slavery is the state of being under the control of another person. Trade Unionism Trade unionism is the collective organisation of workers formed to protect the rights of individuals from the power exercised by employees. The benefits of trade unionism include: * Prevention of child labour * Prevention of forced labour * Fair treatment of workers ...
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...4: Legislation to support the Principle of Unfair Contract to be Unenforceable Since the amendment made in the Australian Laws after the decision made for CBA v Amadio case in 1983, various legislation and principles have been added to support the contract to be unenforceable for unfair practices. Statute amendment in Trade Practices Act 1974, under section 51AA, 51AB and 51AC supports the principle exhibiting the unfair practices to be considered as unconscionable conduct. Section 20, 21 and 22 of ACL and section 12CA, 12CB and 12CC of ASIC Act 2001 supports the principles that a contract may be regarded as unfair and thus cannot be enforced by the stronger party. In addition, other statutes by the Corporation Act 2001 and Contracts Review Act 1980 support to find out unfair practices and unconscionable characteristics in a contract (Davidson, 2007). 5: Effects on bank when court is reluctant to enforce agreements found unfair or unequal Judgment given at courts considering agreements to be unfair or unequal has possible effects on banks and other larger institutions. In Australia, there is a common legal principle to pay a sum of money to the innocent party in a contractual term when the other party breaches the agreement. Such events are enforceable in some...
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... Unit reference: R/602/2954 Produce an employee document/handbook that has information on Employee Rights And Responsibilities. Your document should consist the pointers outlined below. 1 statutory responsibilities and rights of employees and employers Rights at work Your rights at work will depend on:- Your contract of employment cannot take away rights you have by law. So if, for example, you have a contract which states you are only entitled to two weeks' paid holiday per year when, by law, all full-time employees are entitled to 28 days' paid holiday per year, this part of your contract is void and does not apply. The right you have under law (to 28 days' holiday in this case) applies instead. If your contract gives you greater rights than you have under law, for example, your contract gives you six weeks' paid holiday per year, then your contract applies. There are special rules about the employment of children and young people. Statutory rights Statutory rights are legal rights based on laws passed by Parliament. Nearly all workers, regardless of the number of hours per week they work, have certain legal rights. There are some workers who are not entitled to certain statutory rights Sometimes an employee only gains a right when they have been employed by their employer for a certain length of time, and when this applies, the length of time before the employee gains the right is...
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...and should not do. Rules made by government are called "laws." Laws control and change our behavior. They are enforced by the courts. If you break a law - whether you like that law or not - you may have to pay a fine, pay for the damage you have done, or go to jail. Ever since people began to live together in society laws have been necessary to hold that society together. Laws help to ensure a safe and peaceful society in which people's rights are respected. The Canadian legal system respects individual rights, while at the same time ensuring that our society operates in an orderly manner. An essential principle is that the same law applies to everybody, including the police, governments and public officials, who must carry out their public duties according to the law. The great importance of law in our life is to organize the daily lives, So the law is important for social control and organized society in controlling the behavior of the members, According to Roscoe Pound, "The law is the science of social engineering, which is achieved through the organization of human relations in the community organizer political or social control through steady systematic use of political power of organized society "by law views passed played a key role in keeping meat and maintain community stability and cohesion by providing justice, security and freedom, through to the rules and regulations ordered by the supreme authority. So law defined as «a peremptory abstract general rules and binding...
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...purchaser or his representative. d. Establish a claim system of identifying and processing claims (flow chart). e. Assessing and evaluating the validity of a claim. f. The role of expert witness. g. Identifying the procedures for dispute resolution. 1.1 VARIATION. This is when parties by mutual agreement modify or alter the terms of a contract. It involves definite alteration as a matter of contract or contractual obligation of parties in mutual agreement and must be supported by consideration in some cases. Variations clause must be indicated in the original contract and must be in writing. Variations take place when there is a change in the original terms especially, the scope of work, design, material usage, price, because of technological advancement, statutory regulations, material changes. Circumstances in which variations occur are as follows: a. Change in the Scope of Design. When the employer varies the original design of the project to the contractor can bring about variation. Example, when the employer decides to vary a carport design into a main garage of a three-bedroom house. b. Statutory Regulations. Statutes or laws may also bring about variations in contracts. Sudden legislations barring certain designs that were not foreseen in the original contract or local assemblies by-laws legislating against construction in certain areas. c. Changes in Material Types. When an employer...
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