Business Law Assignment
...examined regarding 3 following matters:
A) POTENTIAL CLAIMS
i) Relating to contract made with Raw Trade Ltd (supplier of raw materials) a delivery has been made in breach of the contract, possibly resulting in losses of £50,000.
ii) Relating to contract of sale made with Bright Dealer Ltd (authorised dealer) the dealer has failed to pay it's debt of £6000.
B) PROPOSED JOINT VENTURE
To manufacture refrigerated containers and trailers with Astra Ltd at new purpose built factory.
John Wright of the Board of Directors (lawyer also of Astra Ltd) is to sell own plot of land for sum of £1,000,000 for site of new factory.
Recommendation also included as to the type of business association which could be established most conveniently for this purpose.
The following headings identify points to be considered alongside the 3 matters above. Ongoing conclusions will also be presented.
TWO POTENTIAL CLAIMS
Differences between a Civil and Criminal Claim:
A crime may be defined as "a legal wrong for which the offender is liable to be prosecuted, and if convicted, punished by the State." Therefore a criminal claim is made "by the state on behalf of the general public".
In civil law, the state may provide the processes by which a dispute may be resolved but other than this has no direct involvement in the altercation. The dispute is between the individual parties only.
Civil law comprises of 6 main areas of law with which a director need be concerned:
Law of Contract
Law of Tort
Commercial or Mercantile Law
Company Law
Employment Law
Land Law
Due to their fundamental difference, the terminology used for each type of claim is also different
General Term Criminal Claim Civil Claim
Person(s) starting the case Prosecutor Claimant/Plaintiff
To bring case against Charge, then prosecute Bring action against
Found guilty...
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