Business Law ASSIGNMENT 2

You are working as legal expert at a firm. This year, your company represents for a client to cooperate with another Partner in the UK. The project is going to happen in the UK as well. Your job is to make research of basic principles of the legal system of the UK in order to support your client for the subsequent investment plan. You are asked to make an individual report. Essentially, the report will contain the following matters: (1) Explain the different sources of the law in general. And, (2) Explain the role of the government in law making and how statutory and common law are applied in the justice court.

ASSIGNMENT 2 FRONT SHEETQualification BTEC Level 4 HND Diploma in Business

Unit number and title Unit 7: Business Law

Student declaration

I certify that the assignment submission is entirely my own work and I fully understand the consequences of plagiarism I understand that making a false declaration is

a form of malpractice

OBSERVATION RECORD Student 1 Nguyen Duc Huy

Description of activity undertaken

Making requests and issues related to contract law

Assessment & grading criteria

How the activity meets the requirements of the criteria

Student

signature:

Date:

signature:

Assessor

name:

Student 2 Nguyen Ngoc Thuy Duong

Description of activity undertaken

Making requests and issues related to Company Law

Assessment & grading criteria

How the activity meets the requirements of the criteria

Student 3 Nguyen Tuyet Suong

Description of activity undertaken

Making requests and issues related to Labor Law

Assessment & grading criteria

How the activity meets the requirements of the criteria

Student 4 Nguyen Thanh Da Nguyet

Description of activity undertaken

Making requests and issues related to dispute resolution methods

Assessment & grading criteria

How the activity meets the requirements of the criteria

r Summative Feedback: r Resubmission Feedback:

Grade: Assessor Signature: Date: Internal Verifier’s Comments:

Signature & Date:

Table Context

Introduction 8

Contract Law 1 Definition Contract 8

2 Types of contract 9,10 3 Indefinite contracts and advantages and disadvantages 10,11 4 Valid Contract 12

5 REAL CONTRACT 13,14,15 6 Aplly problem in the company 16,17 7 Dispute resolution methods 18

Company Law 1 Sole proprietorship 19

2 Partnerships 20,21,22 3 Limited Liability company 23,24,25 4 Joint stock company 26,27 5 Apply in the problem company 28,29,30 6 Legal Trouble and Solution of Company law 31

7 Solution 32,33,34

Labor Law 1 Apply problem in the company 35

2 Solution 36

3 Dispute Resolution Methods 37

4 Problem 38

5 References 39,40

Introduction

In this assignment, this is a 4-person group exercise and the requirements of the exercise are

to solve issues related to the law regarding the definitions, analysis and dispute situations

and specific handling in each case members of the group addressed in thisassignment

CONTRACT LAW

Definition Contract :

Contract means an agreement between two or more parties on the establishment, change

or termination of rights and obligations

Contracts are one of the first concepts of law, formed from the time when people made thefirst transactions The term contract is also used to refer to legal relations arising from acontract, to indicate the document containing the content of the contract

The contract may be executed as soon as the parties reach agreement For these simplecontracts, gestures, words are a form of contractual expression With the increase indemand for exchange, especially since the establishment of the business community, theimplementation of the contract gradually separated from the time when the parties reached

an agreement, and the contract in the form of documents appeared To combat fraud andflip-flop in transactions, certified and certified documents are gradually formed Contractinginstitutions achieve perfection in both content and form at the beginning of the bourgeoissociety Along with the development of society, the basic principles of the contract aregradually restricted to protect the common interests of the community

Types of contract :

On the basis of validity

1 Valid Contract: An agreement which is enforceable by law, is a valid contract

2 Void Contract : The contract which is no longer enforceable in the court of

law is a void one

3 Voidable Contract: A contract in which one of the parties to the contract has a choice to

avoid performing his/her part, then it is termed as a voidable contract When the consent of

the party is not free, the contract becomes voidable, at the option of the aggrieved party

4 Illegal Contract: A contract which is forbidden by law is termed as an illegal contract

5 Unenforceable Contract: The contract whose substance is good, but due to some issues, it is not enforceable, is called an unenforceable contract

On the basis of formation

1 Express Contract: When the terms of the contract are expressed orally or in writing, it is known as an express contract

2 Implied Contract: The contract which is constituted by implication of law or action, is an implied one

3 Quasi-Contract: These are not a real contract, but are identical to a contract, which is formed out of some circumstances

On the basis of Performance

1 Executed Contract: When the contract is performed, it is known as an executed contract

2 Executory Contract: When the obligation in a contract, is to be performed in future, it is described as an executory contract

• Unilateral Contract

• Bilateral Contract

Indefinite contracts and advantages and disadvantages

Definition:

Indefinite-term contract is a type of contract which, during the signingprocess, the two parties cannot determine the term or time of contract termination.Currently, 3 basic types of contracts stipulate: Seasonal, definite and indefinite

Determine the time andterm of the contracttermination (full 12 - 36months or more)

- Enterprises pay salary not ontime / not enough

- Being harassed / mistreated /raped

- Workers in difficultcircumstances cannot meetthe jobs

- Pregnant female workersmust leave their jobs

On the business side:

- Employees do not completetheir assigned tasks and tasks

- Violating company rules

Set the time for notification before

termination of the contract At least 45

- There is no compensation or fee when unilaterally terminating the contract without cause

- Still be entitled to a severance allowance regardless of any leave of absence (make sure thenotice period of contract termination before 45 days)

Disadvantages :

- Workers will be in a passive position during the work process because they may beunilaterally terminated by enterprises unilaterally terminating contracts - Indefinite-termcontracts have more benefits than fixed-term contracts

Valid Contract :

A valid contract is a written or expressed agreement between two parties to provide a

product or service There are essentially six elements of a contract that make it a legal andbinding document In order for a contract to be enforceable, it must contain:

• An offer that specifically details exactly what will be provided

• Acceptance, or the agreement by the other party to the offer presented

• Consideration, or the money or something of interest being exchanged between the parties

• Capacity of the parties in terms of age and mental ability

• Intent of both parties to carry out their promise

• Object of a contract is legal and not against public policy or in violation of law

In other words, a contract is enforceable when both parties agree tosomething, back the promise up with money or something of value, both are in sound mindand intend to carry out their promise and what they promise to do is within the law

REAL CONTRACT

Sale contract

Condition clause in the contract :

Acticle 1: Content of contract Light

weight steel truss:

Party B is responsible for designing, supplying products and erecting "light weight galvanizedsteel truss - VNTRUSS" for the project: Tan Hai - Tan Thanh - BRVT

Details are attached to the quotation of 86-9 / DLP-BUILDING dated 27/9/2014

Warranty clause in the contract :

Article 2: Contract value

Based on the design documents approved by both parties, the total value of provisionalcontract is 88,200,000 VND, the properties based on Article 1 still belong to Party B andParty A must be responsible for complying with the agreement of the contract

Clearance of construction site and not having any employees working under constructionroof

B side :

- Supplying and erecting VNTRUSS light-weight galvanized steel roofing system for the aboveproject according to the approved design

- Provide a full range of other materials such as bolts, screws and paddesign

- Warranty of construction part within 24 months, warranty of galvanized steel againstperforation within 15 years when Party A made the payment schedule as above

Penalty Clause in the contract :

the terms of delivery and receipt of goods) Force Majeure Clause in the contract :

Article 8: Procedures for resolving disputes

- The two sides should proactively notify each other of the actual situation when performingthe contract, if any disadvantage arises, the parties must promptly notify each other and theco-owner discusses to resolve on the basis of Department of bargaining to ensure mutualbenefits

- If there is a dispute that cannot be resolved on its own, the two parties agree to take thisissue to the competent Court for settlement

- The costs of inspection, verification and court fees will be borne by the party at fault

Validity of contract :

- The contract is valid from the date of signing until the completion of the project

- This contract is made in 2 copies equally, Party A keeps 1 copy and Party B keeps 1 copy

• Form : The contract is written

• Consideration : The interests of both parties in the contract are very

balanced, if Party A violates, Party B has the right to claim and vice versa The price of goods

is adequate and reasonable for the agreement of buying and selling between the two sides.Prices are lower than other companies in the same industry as BinhNguyen Steel but notmuch

• Legality : The contract is for trading, installing light-weight galvanized steel roof truss, so the

object of trading here is light-weight galvanized steel roof truss, so it is legal in trading and

installing Permitted to export and trade in the UK should contract chronic legality

• Capacity : The buyer, Mr Chu, has paid the amount of VND 88,200,000 so he is able to sign

the contract The seller is Mr Toi, the business director of Dai Loi Phat Joint Stock Company,

so he is fully capable and has a representative to sign the contract The company's stamp is

completely appropriate and legal, tax code is 0309554349

Aplly problem in the company

Saigontel Telecommunications Technology Joint Stock Company (Saigontel) has just sentdocuments to some leaders of the authorities, including the Ministry of Information andCommunications, Hanoi Police "" for help "on the damage, and the consequences of adispute between Saigontel and VTC late last year

According to this document, the happenings of the Economic Contract dispute on theinvestment and commercial operation of VTC6 television channel between Saigontel andVTC continue to be pushed up when the two sides do not reach a common voice

After the incident, VTC invited Saigontel to meet to discuss the incident on February 1, 2013.According to the content of this document, Saigontel said that VTC proposed the amountthat Saigontel and Kinh Bac Urban Development Corporation (KBC) transferred to VTC underthe 2008 co-investment agreement of 62.4 billion dong VND 3.9 million will be deducted forthe contractual revenue that Saigon Sac Mau JSC (SGC) will pay VTC Digital Television Thetime is offset until February 2015

Besides, VTC continues to cut VTC6 channel until the two sides reach a new agreement With the contents that VTC had proposed, Saigontel did not approve, and continued to send

"calling for help" and said that VTC both acknowledged accepting money from Saigontel and partners but did not implement it contract

VTC received investment cooperation money for 5 years to invest in SGC but did not deploy,then cut off VTC6 wave leading to many losses After Saigontel stated the case to the public,VTC deducted the money from the lump sum Saigontel said that this is irresponsible work ofVTC, and petitioned the agencies to consider and resolve:

While waiting for the authorities to consider and solve the problem, andduring the period when the two sides are still negotiating and waiting for the conclusion ofthe authorities, the VTC side must completely restore the broadcast of VTC6 as appropriate.contract and agreement The cut off of VTC6 wave has caused serious damage to SGC and itspartners, VTC is responsible for compensation for these damages

Dispute resolution methods:

On 11/1/2013, the two sides met and negotiated but could not agree on a solution VTCrequired Saigontel to pay a net revenue of VND 10 billion in 2012, while Saigontel wanted tooffset the amount VTC owed to pay for the service After the meeting, VTC cut off part of theVTC6 channel In response, on January 18, 2013, Saigontel sent a letter to the authorities

"Proposal to consider and handle VTC's breach of business cooperation contract"

In this letter, Saigontel stated, because VTC did not comply with the agreement in thecontract, Saigontel suffered many losses and estimated this amount was more than 220billion, including the amount of 3.9 million USD, if calculated bank interest, they suffered anadditional loss of USD 2.36 million and an investment of VND 80 billion in the operation ofSaigon Colors Joint Stock Company which has not been recovered yet forced and VTC mustreturn the money and assets Saigontel said that This company has appropriated andcompensated damages incurred

=> At first SaigonTel and VTC chose to settle lemons by negotiation and mediation but in theend it was impossible to choose a method to the authorities that could be called the Court

to resolve lemons

COMPANY LAW

Sole proprietorship

The Sole proprietorship is not a legal entity It simply refers to a businessowner and is personally responsible for his debts A sole proprietorship can operate underthe name of the owner or it can do business under a fictional name The fictional name issimply a trading name It does not create a legal entity separate from the Soleproprietorship

The Sole proprietorship is a business with only one owner paying personal income tax onearned profits It easy to set up and dismantle The main reason is the lack of governmentparticipation This has made them very popular with small business owners and contractors

A unique Sole proprietorship is a common form of business due to its simplicity, ease ofsetup, and nominal cost A Sole proprietorship only needs to register the name and have alocal license After completing the procedure, the Sole proprietorship is ready to dobusiness However, a distinct disadvantage is that the owner of a Sole proprietorship is stillpersonally responsible for all the debts of the business So if a Sole proprietorship businessowner has financial trouble Creditors can sue the business owner If those cases aresuccessful, the owner will have to pay the business debts in his own money

The Sole proprietorship is not allowed to issue any kind of securities Each individual isonly allowed to establish Sole proprietorship The owner of a Sole proprietorship cannot be

a business household owner or a member of a partnership at the same time A soleproprietorship is not allowed to contribute capital to establish or buy shares or to contributecapital in a partnership, limited liability company, or joint-stock company

The owner of a Sole proprietorship usually contracts under his name They do not need tofollow procedures such as voting and meetings involving more complex business forms.Besides, they are personally responsible for all debts (loans) of a sole proprietorship It couldpotentially consume all personal property One of the great features of unique Sole