Showing posts with label Business Law Assignment Trade Ship. Show all posts
Showing posts with label Business Law Assignment Trade Ship. Show all posts

Sunday, July 29, 2018

Q 4.2 Analyse the impact of global factors on UK business organisations.

Q 4.2 Analyse the impact of global factors on UK business organisations.

Unit 4 Business Environment Organization Purposes Globalization: It can be defined as a process through which entire world is increasingly getting interconnected due to massive increase in trade and cultural exchange. Globalization has resulted into increased production of goods and services. Today biggest company in a nation has changed into multinationals, with their subsidiaries in several countries (Hopkins, 2011).
Two driver of globalisation are :
  • Low transportation cost: Cost of shipping has come down significantly due to various advancement in logistics. Due this overall cost of the product is reduced, hence companies importing the product can import at relatively lower cost.
  • Digital communication: Internet has dramatically reduced cost of transmitting and information communication. Digital products has stimulated the global trade in knowledge products and services creating an entirely new sector of services.
Two global factors which effect UK businesses are:
Competitive Drivers: Due to globalisation new companies are entering UK market. For example setup of low cost carriers (LCC) in UK’s aviation sector has resulted into stiff competition. Due to which customer is getting benefited as competition has resulted in drop of airfare and increase in quality of services.
Government Drivers: UK’s government has been promoting liberalization of UK’s market since many years. Because of which every sector such as retail, insurance, automobile and aviation etc. has witnessed entry of new players. This has proved boon for customers, but companies having operation only in UK are facing the heat as they are not able to adapt themselves in such competitive structure. In such situation many local business might extinct over a period of time if government does not protects them from the international competition.

Q 4.3 For an organisation or organisations of your choice, evaluate at least two European Union policies and explain the impact of these polices on your chosen organisation(s).

Organisation selected for this task is Admiral Group.
The main purpose of European Union can be defined as to promote social and economic progress among its member countries. It also focuses on the area of freedom, security and justice which is maintained and built on the law established under European Union (Jura, 2012).
Two European Union Policies are:
  1. EU has a common external trade policy. Which means that trade policy has been declared as an exclusive competence of European Union and no member state can initiate and negotiate its own international trade agreement with a different country.
  2. Free trade and open border policy of EU allows transportation of goods and services within Europe quickly without any restrictions from the member states.
Unit 4 Business Environment Organization Purposes These policies have significant impact on Admiral Group’s business. For example because of Free trade and open border policy Admiral group was able to expand its business significantly in other part of EU such as Spain where it launched car insurance comparison website. That is why Admiral group after establishing itself within UK first, is now aggressively expanding among other member states of EU. Since there is no restriction and free trade policy is applicable for EU members, Admiral Group does not have to go through any legalities to establish its business in any other part of EU.
However external trade policy has resulted into the fact, that Admiral Group cannot form a joint venture or partnership with an entity out of EU member states. Thus if it had to form an alliance with a non- EU member entity then the process is very complex and resource consuming. This has resulted into loss of opportunity in growth economies of many Asian countries. With no alliance Admiral Group has to establish its own operation in non-European countries which results into huge operational cost.

References

Nickels, W. G., McHugh, J., & McHugh, S. 2011. Understanding Business 9th ed. Irwin, McGraw-Hill New York.
Knight, C. 2010. Financials.
Freeman, R. E. 2010. Strategic management: A stakeholder approach. Cambridge University Press.
Ramirez, R. 1999. Stakeholder analysis and conflict management. Cultivating peace: conflict and collaboration in natural resource management, 101-126.
Knight, F. H. 2013. The economic organization. Transaction Publishers.
McConnell, C. R., Brue, S. L., Flynn, S. M., & Barbiero, T. P. 2010. Macroeconomics. McGraw-Hill Ryerson.
Kirby, S., Meaning, J., & Warren, J. (2014). Prospects for the UK Economy. National Institute Economic Review227(1), F43-F64.
McCallum, B. T. (2014). Recent Monetary Policy and the Fiscal Theory of the Price Level.
Jones, A., & Sufrin, B. (2014). EU Competition Law: Text, Cases and Materials. Oxford University Press.
Myers, J. H., & Tauber, E. (2011). Market structure analysis. Marketing Classics Press.
Porter, M. E. (2011). Competitive advantage of nations: creating and sustaining superior performance. Simon and Schuster.Order Now

Sunday, July 22, 2018

Organizational Structure Culture Assignment

Organizational Structure Culture Assignment
Organizational Structure Culture Assignment

Introduction

The relevance of organizational behaviour in organizations in the recent years as employees and their behavioural patterns are prime factors for the effective functioning of the organization. The organisational behaviour in the company covers the way how people behave within the organisation. It is a human device for human point of preference. It applies exhaustively to the behaviour of people in an extensive variety of relationship, for instance, business, government, schools, and administrative institutions. It discusses about the three vital elements which include individuals, group of people and organisational structure OB is a joined field. It applies the learning expanded about individuals, and the effect of structure on behaviour, with a particular finished objective to make associations work more reasonably. OB covers the inside subjects of motivation, administration direct and power, interpersonal correspondence, group structure additionally, process, learning, attitude progression and acknowledgment, change strategy, conflict, work plan and work stress. In this Unit 12 organizational Structure and Culture Assignment the instances of organizations like Ford, Monsanto and OCC are considered in which an examination is done on their hierarchical structure, group structure and group conduct, administration capacities, diverse ways to deal with administration, authority styles followed in these organizations, utilization of hypotheses of inspiration in the organizations, effect of technology in team work and so forth are talked about.

Task 1

Compare and contrast the organizational structure and culture of Ford and Monsanto before and after reorganizations

Ford Motor Company is based at Dearborn, Michigan having total number of employee strength over 2,46,000 people. With effect from 2006, the CEO of the company is Alan Mulally. The former president, Williams.C.Ford has been replaced by Mulally and William C. Ford is currently the Executive Chairman of the Board. The primary aim of the company and its board is to ensure that all  its shareholder’s interest are fulfilled. The areas of development that the company concentrates are Audit compensation, Public policies, financial aspects, corporate governance etc. Ford Motors are having its business operations all over the world including the countries like America, Asia, Europe, Africa etc.
Monsanto is a company that deals with biotechnology and having business operations in more than 80 countries. Monsanto started its business with the agricultural chemicals as products. The genetic changes in the plant cells have been firstly discovered by the scientists of Monsanto during 1982. Now the company is concentrating on pharmaceutical products from 2003. Some of the other products in the company include seeds, cotton, soybean etc.

Ford has an arrangement Analyse the relationship between each company’s group-based structure and the culture that exists in that organisation. Make an assessment of the effects of these two influences on the performance of each company.

of qualities, gauges, and artefacts which it solidly executes company wide. Its mission statement is based off the clear expression: “One Ford: one group, one course of action, one target.” One group to Ford suggests that Ford agents chip in toward a power position in the car business through quality and accomplice fulfilment. Regardless of its focal objective and vision explanations, Ford got a reputation throughout the years of having a scorching corporate society. Correspondence between unmistakable zones of the association was immaterial. Authorities at Ford as often as possible went up against each other rather than work together. Pioneers were unsettled from indicating out issues in the association. Possibly most undermining was that Ford had grasped a general public of priggishness.
Mulally recognized he would need to change the company’s corporate society beginning from the most punctual stage. Unrewarding brands were cut, and after quite a while authority groups were executed in which directors would delineate their division’s headway. Chiefs were asked to coordinate rather than battling. Mulally took the different regional divisions of Ford and attempted to transform them into a lone overall association that exemplified the “One Ford” thought. He in like manner concentrated on that Ford was to make the best things, in spite of the way that it cost extra money. Regardless of the way that this was perilous for an association engaging monetarily, Ford had the limit successfully go over itself. Under Mulally’s ethical activity Ford had the limit construct correspondence and joint effort, enhance structures, and manufacture the way of its items.
Monsanto secure with an extent of associations, individuals, and assistants’ out and out areas of the world and over different requests. Monsanto is centred around having any sort of impact on the world through imperative and basic exercises and takes pride in its duties to society on an area and regional level all through the world.

Factors that influence the way individuals behave in both Ford and Monsanto in the new team based structures.

The personality traits that are seen commonly in the employees of both Ford and Monsanto in their new team based structure are different, yet similar in some ways. The characteristic of emotional security suggests a need of anxiety and worried penchants. The people who are sincerely unfaltering tend to be created, smooth, secure, and confident. Seen from the negative post of neuroticism, the people who score low on this credit tend to be surly, eager, incredulous, worried, flimsy, demoralized, and apprehensive energetic quality is a colossal compute cooperation or any endeavour that obliges created behaviour (Nickels, McHugh, & McHugh, 2011).
The trait of extraversion has been seen as a mix of certainty/prevalence and neighbourliness/company. The specific elements of extraversion that is acknowledged are most critical to group correspondence are power, association, social perceptiveness, and expressivity. The characteristic of openness has been depicted as intellectual and openness to experience and reflects insightful, social, or imaginative distractions. Notwithstanding the way that solitary twisted or scholarly limit of associates is clearly related to groupsufficiency, inside the space of personality, group investigators generally hold that there is insignificant direct relationship between the general normal for openness or intellectual and collaboration.
Nevertheless, a couple parts of the openness characteristic are critical, especially the part of versatility. The nature of suitability is described as thought, trust, and warmth versus extremism, uncertainty, also, hostile vibe. Persons high on suitability are true blue, steady, and consistent. Persons low on propriety is tireless, partial, unsympathetic, and fundamental. Appropriateness may be the best crucial marker of execution in interpersonal settings. Subsequently, enjoyableness seems to have high insightful authenticity for assignments that incorporate interest and that incorporate smooth relations with others. The quality of honesty has been connected with different angles, including ability, demand, achievement attempting, and submission.
Thusly, trustworthiness reflects the penchant to be continuing on, orchestrated, and dealt with, to hold quick to responsibilities and commitments, to complete errands totally and on-time, and to be reliable. Persons low on uprightness is hurried, untrustworthy, and confounded. While a couple of studies have found the general nature of doubts to be related to group sufficiency.

Task 2

What leadership styles you identify as being used in Ford and in Monsanto before, and after, the change to team-based working. Compare the effectiveness of the before and after styles paying attention to the different approaches of the two companies.

Mulally’s has a specific initiative style. He was a guide, not a ruler. While he relished the spotlight that started from Ford’s staggering resurgence, he was continually manoeuvring diverse authorities into with him. In his after a long time groups, he urged Ford’s senior pioneers to offer each other help. He asked for plans, rather constraining them. Mulally’s “Participating” judiciousness did not stop at the working environment gateway; it connected with the greater part of Ford’s accomplices. He joined this same tenet to the association’s dealings with its suppliers, dealers and even the United Auto Workers. His message to each representatives was fundamental: “We are in this together, and in case you help us succeed we will confirm you share in our thriving”.
In Monsanto, Work happens in groups Project Teams, Launch Teams, Leadership Teams Overseeing people who direct or in an indirect manner report is discriminating Joint exertion is a key property for accomplishment. Administration handles diverse levels of complexity driving masters, driving pioneers, driving company. Various groups and limits are incorporated in a thing dispatch Building associations over the company engages business results Solid cross utilitarian, cross land associations are imperative Affecting without force – especially people in diverse parts of the company is a key inclination.
The administration methodologies followed in both these organizations are in light of the accompanying theories:
  • Trait Theory:Ask people what incredible activity is, and its plausible you will get a response that proposes extraordinary power can by some methods be described similarly as qualities or characteristics. Basically, if one in some way or another happened to demand that people layout an examination went for portraying awesome administration, it’s doable the response will be an attempt to particular the qualities of pioneers of organizations regarded to be productive.
  • Contingency theories: Overseeing leadership has affected definitive activities from different perspectives. These effects join impelling subordinates, arranging uncommon resources, and serving as a wellspring of correspondence. This hypothesis clears up that group execution is a result of participation of two variables. These variables are known as administration style additionally, situational advantageous quality. These two components will be analysed close by distinctive parts of Fiedler’s hypothesis. “In Fiedler’s model, power sufficiency is the result of participation between the style of the pioneer and the qualities of nature in which the leaders lives up to expectations
  • Hersey and Blanchard’s Situational Model:The situational leadership model, became by Paul Hersey and Kenneth Blanchard, prescribes that the pioneer’s behaviour should be adjusted by improvement level of the disciples. The level of advancement or the arrangement of the followers were reviewed to the degree the disciples have the limit and availability to satisfy a specific errand.

Compare and contrast the nature of managerial authority and the functions of management

Henri Fayol (1841 – 1925) described the five components of management in which described his general speculation of business association and this substance is still seen as one of the crucial implications of administration. He portrayed five vital components of administration and 14 principles of administration: The five limits are:
  • Planning:  Planning is a vital aspect of management that incorporates choosing the best course of movement, for fulfilling the objectives of the company. It obliges chiefs to be aware of environmental conditions defying their company, the point of confinement and limit of the company, and to gauge future conditions and examples. There are an extensive variety of sorts of game plans moreover, planning. Key Planning incorporates examining centred open entryways and dangers, furthermore the qualities and deficiencies of the association, and a short time later choosing how to position the relationship to best finish its destinations. Key planning has a long time plot and is the association amidst administration and administration with a typical commitment to develop the ‘right strategy. Strategic planning is widely appealing achieve arranging that is proposed to develop by and large cement additionally, specific means to realize the key game plan (Schaffer, Agusti, & Dhooge, 2014
  • Organising:Organising incorporate building up a definitive structure and apportioning human advantages for assurance the accomplishment of the business objectives and execution of its crucial game plan. The structure of the company is the framework inside which effort is formed and is shaped by the ethical and social essentials of the overseeing body. It incorporates the setup of individual occupations within the company and striking an agreement between the necessity for expert specialization and the requirement for workers to have occupations that include blend and freedom. Various occupations are at present plot in perspective of such gauges as business upgrade and cooperation.
  • Directing: Giving direction and administration to lower level workers and workers with the objective that they are aware of their duties and are willing to do them adequately and enough.
  • Leading:It incorporates affecting others toward the achievement of various levelled objectives. Suitable driving requires the boss to goad subordinates, confer enough, and use his/her energy and power sensibly. If chiefs are fruitful pioneers, their subordinates will be energetic about applying effort toward the accomplishment of the destinations.
  • Coordination: Coordination is unavoidable in exchange parts of administration and is chiefly revolved around relationship of the assorted segments of the company, or an activity, keeping in mind the end goal to enable them to cooperate feasibly.

Compare, contrast and evaluate the different approaches to management used by the three companies.

  • Classic approach: The examination of company thusly is joined with work finished at first in the recent years and the research on this aspect has been done by several renowned researchers like Taylor, Fayol, Reiley, Brech etc. An unmistakable knowing the need behind a company is found as basic to perception how the company capacities and how its frameworks so that its fiunctioning can be made headway. Recognizing evidence of general targets would provoke the enlightenment of purposes and commitments at all levels of the company and to the best structure.
  • Scientific management: Scientific management is introduced by Taylor. According to him, the wok flows of the employees within the organisation. The improvement of employee efficiency and their productivity and how it contributes to the overall functioning of the company, is the focus of this theory. Work ethics is followed in the organisations that follow the scientific management theory (Apte, Dietrich, & Fleming, 2012).
  • Bureaucracy: This is seen in enormous amount in the company is administration. The focus of Unit 12 organizational Structure and Culture Assignment theory is the work relationship among the employees within the organisation. If there exists a proper and smooth relationship and understanding among the people within the company, then only more efficiency and increased productivity levels can be ensured.
  • Structuralism: The structuralism methodology gives a radical perspective of social and progressive conduct. More prominent thought the formal relation of employees with the superiors and the subordinates. The employee needs are given concern in this approach so that they will focus more on their work. As a result of this, employees will get motivated and they will have an increase in their morale.
  • General Administrative Approach: Henri Fayol was a French industrialist who advance who advance and propelled the thought about the ‘comprehensiveness of administration models’, the prospect that all organization could be composed and directed by solid benchmarks. Fayol segregated a business organization’s exercises into the six key fragments of particular, business, bookkeeping, cash related, security, and association. Fayol portrayed the exhibit of association as particular from the assorted business works out.
  • Behavioural approach: The behavioural approach developed essentially in light of the way that the standard methodology did not accomplish adequate time feasibility and work environment concordance. There was amplified energy for helping directors bargain all the more acceptably with the “individual’s side” of their organization. The behavioural procedures contributed a fundamental consciousness of the impact of the human part at chip away at dynamic execution and the need to offer employment fulfilment to delegates. Most of its analysts endeavoured to offer precepts to draw in the administrators to fulfil and empower appoints in this way, hypothetically, to get the advantages of enhanced profitability

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Task 3

What leadership style you identify as being used by the owners and explain why you think it is so successful in relation to the impact it has on staff motivation. What leadership styles will be likely in the circumstances described and discuss what effect it might have on motivation

At Original Copy Centres Inc., the workers are permitted to tune in the real choices of the organization where their thoughts are invited in the vital arranging. Additionally, distinctive motivational methods like very much refreshing worker comforts are given to the staffs. The initiative style utilized by this organization is Participative authority style. This style of initiative is acknowledged to have a prompt effect on individual and legitimate result (Armstrong, & Taylor, 2014). Bass battles that while we call a couple pioneers transformational and others esteem based most have a profile of the full extent of activity.

Using Herzberg’s theory of motivation and also Vroom’s Expectancy Theory, compare the way that each of them is applied at OOC

Vroom’s expectation theory contrasts from the substance theories of Maslow, Alderfer, Herzberg, and McClelland in that Vroom’s foresight theory does not give specific recommendations on what goads company people. Maybe, In OCC, Vroom’s speculation gives a strategy of scholarly variables that reflects individual differentiations in work inspiration. From an administration viewpoint in OCC, the expectancy hypothesis has some essential implications for prodding representatives. It recognizes a couple of basic things that ought to be conceivable to goad representatives in OCC by conforming the singular’s push to-execution expectation, execution to-remunerate suspicion, and prize valences.
In OCC, the utilization of Herzberg’s hypothesis of inspiration is in such a route, to the point that this hypothesis is, all things considered, responsible for the demonstration of allowing people more conspicuous commitment with respect to arranging likewise, controlling their work, as a system for extending motivation and satisfaction. The relationship in the middle of inspiration and job satisfaction is not too much complex. The issue is various organizations and managers take a gander at the cleanliness figures as a way to deal with motivate when really, past the short term, they do beside no to influence. Perhaps administrators like to use this system because the thinking is that people are more monetarily influenced than they are, or it requires less administration push to raise pay than it does to re-evaluate association methodologies and overhauling jobs for most amazing satisfaction. In attempting to convince people, at first administration in companies must perceive and area things that make workers discouraged about the work space. Other than administration has a commitment to ensure that pros are managed

Evaluate the usefulness of either Herzberg’s theory of motivation or Vroom’s Expectancy theory to managers in Ford, Monsanto and OCC.

Herzberg’s Two-Factor Theory isolates motivation and occupation satisfaction into two groups of variables known as the inspiration components and cleanliness segments. As demonstrated by Frederick Herzberg, “the driving variables are the six ‘occupation substance’ ascertains that consolidate achievement, affirmation, work itself, commitment, progress, and believability advancement. Cleanliness components are the ‘work setting’ parts, which join association approach, supervision, relationship with supervision, work conditions, relationship with partners, pay, singular life, relationship with subordinates, status, and expert security” Fundamentally the theory isolates the segments between characteristic inspirations and unessential assistants. The innate sparkles, known as the occupation content segments, describe things that the people truly do in their work; their commitment and achievements. These components are the ones that can contribute an unfathomable plan to the level of work satisfaction an agent feels at work (Carroll & Buchholtz, 2014).
The use of Vroom’s hope hypothesis in these organizations will affect in the way that workers have singular destinations which they like to fulfil and in this manner they work in companies. These individual targets can be fulfilled by progressive compensates or work results. The relationship between legitimate compensates or work results and individual targets is fundamental i.e. what precisely degree legitimate prizes fulfil a specialist’s near and dear destinations and how engaging are those prizes to the delegate. This relationship can in like manner be imparted as the value the specialist accommodates the work results. Moreover, definitive repays or work results are liable to the individual execution of the labourer. The level of conviction that the individual labourer has that his/her execution will achieve achievement of legitimate prizes/work results is furthermore basic. Additionally, thirdly, the perspective of the chances by the individual specialist that individual effort on his/her will provoke prevalent is again basic. In this way, there are four variables for a delegate that matter employee in motivation.

Conclusion

While concluding, considering all the instances of Ford, Monsanto and OCC, it can be comprehend that association conduct is a critical perspective in every one of these organizations. It is comprehended that assorted businesses are expected to accomplish most of an affiliation’s activities. There are bosses and representatives and so forth. These people must be associated in some helper way so that their work can be effective (Price, 2011). The essential structure relates to compel and to commitments. A valid example, one individual has energy to settle on decisions that impact the work of different people Innovation gives the physical and money related resources with which people work. They can’t satisfy much with their uncovered hands, so they create structures, framework machines, make work structures and accumulate resources. The development that results has foremost effect on meeting desires associations. Henri Fayol recommended that all executives are obliged to perform five administration limits remembering the final objective to execute their typical activities. Joint effort is the way to go of people chipping in supportively as a gathering remembering the final objective to accomplish the same targets. The word reference describes participation as a “Pleasant effort from a gathering of persons collaborating in light of an authentic sympathy toward a normal reason. It means filling in as one for a higher reason or prize, than what they themselves will get, thusly people cooperating for an unselfish reason. Administration style includes a pioneer’s general character, air, and correspondence plans in guiding others toward coming to progressive or individual destinations. Power style examination has been ruled without any other person’s information Unit 12 organizational Structure and Culture Assignment perspective of subordinates about their pioneer’s behaviour outlines in decision making, interpersonal relations, arranging, instructional administration, and administration viability.

References

Apte, C., Dietrich, B., & Fleming, M. (2012). Business leadership through analytics. IBM Journal of Research and Development, 56(6), 7-1.
Armstrong, M., & Taylor, S. (2014). Armstrong’s handbook of human resource management practice. Kogan Page Publishers.
Berman, E. M., Bowman, J. S., West, J. P., & Van Wart, M. R. (2012). Human resource management in public service: Paradoxes, processes, and problems. Sage
Carroll, A., & Buchholtz, A. (2014). Business and society: Ethics, sustainability, and stakeholder management. Cengage Learning.
Gosenpud, J., & Vanevenhoven, J. (2011). Using tools from strategic management to help micro-entrepreneurs in developing countries adapt to a dynamic and changing business

Business Law Assignment Trade Ship

Business Law Assignment Trade Ship
Business Law Assignment Trade Ship

Task 1

In United Kingdom, there are three different forms in which business can be commenced.
First is Sole Trade ship, wherein, the business is commenced by an individual alone. If a sole trader ship is established then the same must be registered with HM Revenue and Customs (HMRC). Once registered there are various responsibilities that are imposed on a sole trader by law, such as, he must maintain the records of the expenses and sales incurred by business, he must prepare a self-assessment tax return every year and send it annually, income tax must be paid and tax on class 2 and class 4 on National Insurance must be paid, if the turnover of the business meets VAT threshold then VAT must be registered. (GovUK 2016)
Apart from a sole trader, Mr Wong can also operate by way of a partnership firm. But, a partnership can be operated by two or more persons. Thus, if Mr Wong wishes to operate by way of a partnership, then, the same can be done by bringing some other person along with him. A partnership can be created by entering into a partnership agreement and registering the same with HM Revenue and Customs (HMRC). Once created there are few legal obligations which must be followed, such as: (Antoniou 2015)
  • Partners must be paid by way of drawings. By doing so tax gains can be achieved.
  • There is no legal obligation to file any kind of annual tax returns.
  • Income Tax must be paid by individual partners. National Insurance must also be paid.
  • If the partnerships VAT turnover exceed £83,000 than VAT registration is required.
But, if a partnership is established then shares are not transferable, chances of conflicts arises, liability is unlimited, (Startupdonut 2015)
Mr Wong can also commence his business by way of a company. Once a company is registered there are various features that are acquired by such company, such as, once registered a company is formulated as an artificial legal person and has a separate legal existence in the eyes of law. A company is a separate legal entity and has perpetual succession (Salomon v Salomon (1897) (Academia 2015). Once a company is registered there are legal obligations which must be followed by Mr Wong: (Hughes 2014).
  • A company has limited liability thus the members of the company are liable only to limit extend.
  • The company has to pay personal tax which is comparatively less from other business strategyforms.  Also, corporate tax @ 20-21% is to be paid.
  • Dividends must be paid which are also taxed.
  • Shares can be used by using proper procedure which is not allowed in partnership.
  • Employees Executive Pensions can also be made by a company. by doing so tax advantage can be attained.
  • Once a company is registered it is very easy to secure finance and is safe. Professional people can be hired for expertise.
On comparing, it is advice that Mr Wong should commence by way of a company in order to secure best tax advantages, financial position and limiting his liability which is not present in sole trader ship and a partnership.

Task 2

Naseem bought items from Rashid and facing issues:
  1. Rashid sold Mercedes van @ £2000 but is not worthy and when the van was taken for repair then the engine was of Mitsubishi.
    In such scenario, Rashid has violated section 14 (2), 14 (3) of SOGA 1979.
    As per section 14 (2), the goods so supplied must be of satisfactory quality. An implied condition is imposed that the goods are of satisfactory quality when sold in the course of employment. The goods are of satisfactory quality when the goods are fit for the purpose for which is acquired, it is free from defects and is equivalent to the standard of a reasonably prudent man (Rogers v Parish (Scarborough) Ltd (1987).  Also, as per section 14 (3), the goods must be for the purpose which is submitted by the buyer (Grant v Australian Knitting Mills(1936). As per section 13, the goods also must correspond to the description of the goods so sold and is an implied condition. (NADR 2016)
    Thus, the good which is sol by Rashid is not of acceptable quality and does not match with the description. Thus, there is clear volition of section 13 14 (2) and 14 (3) of the Act.
  2. Naseem brought a box labelled Casio Digital Watches. However, the watches were not digital watches
    As per section 13, the goods must always match with the description which is established by the seller while selling goods. There is an implied condition that the goods must always correspond with the description and if the same deviates then there are volition of such implied condition and is rightly held in Beale v Taylor (1967). (The Law Teacher 2016)
    Thus, Rashid has sold the watches describing them as digital which in reality was not, thus, he has violated section 13 of the Act.
  3. Rashid sold a stolen tarpaulin (unknown to him) to Naseem. Naseem has asked Rashid for a refund.
    The general rule is no person can give what he does not have and is based on the maxim Nemo dat quod non-habet. Section 21 (1) of the Act submit when a person who is not the owner of the goods sells the goods then the buyer does have no a better title than the seller. Also, section 12 submits that when a person is selling the goods then there is an implied promise that he has a title in such goods. In Rowland v Divall (1923), it was held that a stolen car, even when sold in good faith, cannot pass a better title to the buyer and the buyer can seek refund from the seller. (The Law Teacher 2016)
    Thus, Naseem has full right to seek a refund from Rashid.
  4. Naseem paid all instalments except the last one. The contract for sale submits that all instalments must be paid by the due date. Rashid now wants to terminate the agreement.
    As per SGSA, 1982, a hire contracts are one in which possession is transferred and not the ownership. In such situation under section 38 of the Act, an unpaid seller has little right, such as, right of lien; right to stoppage the goods in transit and right to resale. (Ontario 2016)
    Thus, Rashid was still the owner has right to terminate the contract and may sue Naseem for breach.

Business Law Assignment Trade Ship

Task 3

In the case of Hogg v Dover College, the claimant filed for an unfair dismissal when the change in contract was introduced regarding the post of the head of the history department being part time. As he was ill, he scaled down the teaching periods for the teaching purposes. The change was merely accepted to mitigate the losses so incurred from the protest. Accordingly, the change was categorised as fundamental by him. The court held in the present case that the changes so introduced are fundamental and repudiate the contract and classified as a dismissal. According to the definition of dismissal, the contract of employment has to come to an end and not the employer-employee relationship. If the contract is repudiated and accepted by the employee then the new contract does not prevent him from objecting that the old contract was terminated in an unfair manner. Such a situation would be regarded as a dismissal and re-engagement case. At the time of dismissal it is required to look at the contract of employment and not the employer-employee relationship. The employee was a reputed and cherished teacher with the institution as a head of history, full time with salary. Although, on a certain day it was told that he would no longer be the same for full-time purposes. The number of periods so discussed between the parties was eight plus religious education and general studies. The pay scale was also halved the new scale.
In common sense, it can be said that the employer was informing about the dismissal fairly and that it gave no doubt of any other situation taking place. The variation so taking place is about elementary elements that can be varied from consent terms on agreeing to the same. It was also held that the changes to be made has to come with agreement and not merely stating that the employment terms have to be changed and the remuneration has to be halved under the given circumstances. Thereby a dismissal did take place. (Swarb.co.uk, 2015)
According, to the scenario, provided the existing contract of the junior doctor’s have to modify the employment terms regarding the working hours and the working days. The Saturdays are made working and the working hours are to extend up to 10 pm every night. The same comes as a loss to the doctors as the rate for the extended hours is standard and not increased. The restoration action undertaken by the Health Secretary was to offer the eleven percent increase in the basic pay to meet the needs. This was not considered to be sufficient by the junior doctors. The new contract drafted by the Government is considered as fundamentally unfair by the junior doctors. It may be stated that just as in the case of Hogg v Dover College, the junior doctors have the right to protest for the previous contract as the same would be stood as the dismissal for being not given a chance to agree to the changing terms. It would be a dismissal according to the section 55. The fact that the dispute arose over the contractual terms of employment and not the relationship between employer and employee makes is an unfair dismissal for which the junior doctors may seek redress.

Task 4

In law of negligence, every defendant should perform in such a manner so that no loss is caused to any plaintiff who is his neighbour. If this duty is violated then the defendant is negligent. Thus, the main essentials are (Donoghue v Stevenson (1932): (Pearson 2016)
  • That the defendant has a duty to conduct his actions in manner which does not injure any person who is closely associated with him and is considered to be his neighbour. The defendant has a duty of acre only for such damagers which are not remote but are reasonably foreseeable (Home Office v Dorset Yacht(1970) & Caparo Industries v Dickman(1990).
  • When the deferment is imposed with the duty of care then if there is any violation in such duty then there is breach of duty. The duty is violated when the level of care that is required is not achieved by the defendant (Nettleship v Weston (1971)
  • However, when the duty is breached then it is necessary that because of such breach some kind of loss is caused to the plaintiff. The presence if loss is very important to make the defendant liable under the law of negligence.
But, a defendant once considered as negligent can protect himself under two defences:
  • When the defendant is not negligent but it is because of the negligence of plaintiff alone which has causes his loss. This defence is called volenti non fit injuria. In this no liability is imposed on the defendant.
  • When both defendant and plaintiff has acted in negligent manner which has cause  to the loss of plaintiff then the loss is proportionally distributed amid the two. Such defence is called contributory negligence and not entire liability is imposed on the defendant (Barrett v Ministry of Defence (1995),
Now, by applying the law, it is submitted that,
The coach of East London Tours was driven by Ade was crashed on its way to Oxford. The crash was because of recklessness and dangerous driving of the driver. Thus, as per the law of negligence, Ade has a duty to drive in such a manner so that no loss is caused because of his negligence. But, by riving dangerously and recklessly Ade was negligent in his actions which has caused loss to Charles. Thus, Ade was negligent in his actions but can be held liable under the law of negligence.
But, the tour can take the defence of contributory negligence. This is because the passengers were instructed to fasten their seat belts before they set off. But, Charles had unfastened his seat belt because of which loss is caused to him which can be mitigated if he has fastened the belt. Thus, it was the acts of Charles himself which has also contributed to his loss. Thus, the defence of contributed negligence can be taken as a defence by tour and can reduce their liability proportionately.
However, the loss caused to Shanice was not because of the negligence of Ade, rather, the loss was because of her own acts (she was unhurt in the accident), thus, she has no right to sue the tour under the law of negligence.

Reference List

Antoniou N, 2015, Limited Company or Partnership: which is best?’.
Academia, 2015, Separate Legal personality and Limited Liability are cornerstones of UK Company Law.’ Discuss with reference to advantages and disadvantages of separate legal personality