ASSIGNMENT
Course Code 19BMC107A
Course Name Business Law
Programme BBA
Department School of Law
Faculty FMC
Name of the Student Tanaz Raisa Hoque
Reg. No 20MCMS017109
Semester/Year 2nd Sem / 1st Year
2
Course Leader/s Advocate. Reet Singh
Declaration Sheet
Student Name Tanaz Raisa Hoque
Reg. No 20MCMS017109
Programme BBA Semester/Year 2nd Year / 2020
Course Code 19BMC107A
Course Title Business Law
Course Date to
Course Leader Advocate Reet Singh
Declaration
The assignment submitted herewith is a result of my own investigations and that I
have conformed to the guidelines against plagiarism as laid out in the Student
Handbook. All sections of the text and results, which have been obtained from
other sources, are fully referenced. I understand that cheating and plagiarism
constitute a breach of University regulations and will be dealt with accordingly.
Signature of the
Date 25 / 01 / 2021
Student
Submission date stamp
Signature of the Course Signature of the Reviewer and date
Leader and date
2
Faculty of Management and Commerce
Ramaiah University of Applied Sciences
Department School of Law Program BBA
me
Semester/Batch 2nd / 2019
Course Code 19BMC107A Course Business Law
Title
Course Leader Advocate. Reet Singh
Assignment
Reg. Name of
20MCMS017109 Tanaj Raisa Hoque
No. Student
Assignment
Marks
Secti on Max
Marking Scheme First
s Moderator
Examine
Mar Marks
r Marks
ks
Individual Task
A
Problem Question 15
Pa rt A
A
Problem Question 10
Part-A Max Marks 25
Total Assignment Marks 25
Course Marks Tabulation
2
Component-1 (B) First
Assignment Examiner Remarks Moderator Remarks
A
Marks (out of 25 )
Signature of First Examiner
Signature of Moderator
Table of Contents
Declaration Sheet..................................................................................................................................2
A.1.1 Solution to the question:..........................................................................................................6
PART A 1.2.............................................................................................................................................7
2
A1.2 Solution to the question...............................................................................................................7
PART A
Solution to Question PART A:
2
A.1.1 Solution to the question:
1. Advice Jacob and Nick
o Although PBJ Co consultancy adopted a, non-contractual (i.e., non-written)
grievance, disciplinary and dismissal procedures based on the then statutory
model, however there might not have anything in writing, but a contract still
exists. And according to that contract, the consultancy claims to be “an equal
opportunities employer” and has a harassment policy, which lists examples of
behaviour that could amount to harassment and details the action that will be
taken against staff. All employees are entitled under their contract to 3 months’
notice.
o It is a type of voidable contract.
o Dismissing Jacob from the job by the new Managing Director based on religious
grounds definitely goes against their “an equal opportunities employer” policy
and since Jacob has valid proof against the prior, he can seek legal advice against
the Managing Director and the company.
o Similarly for Nick, based on everything stated above, he can also seek legal
advice. He cannot walk up flights of stairs without becoming short of breath
because of his size (his weight has hit 26 stone/165 kg). He has recently applied
for a promotion, and he should be judged solely on the basis of his talents and
credentials rather than his appearance. This also strictly goes against their “an
equal opportunities employer” policy. However, it can get a little complicated
for Nick if he does not have enough evidence to prove his grounds against the
PBJ consultancy.
o This also is a type of voidable contract.
2. Advice Sebastian
o This is yet again, a situation of a voidable contract. Sebastian is a 21-year-old
who started working for the firm eight months ago. In the course of reviewing
files, he was given, he has discovered that some of the employees who provide
consultancy for overseas clients have been paying and receiving bribes. He was
told to ignore it by his line manager but felt he should report it to the Managing
Director due to the criminal nature and reputational threat to the firm. The
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Managing Director subsequently dismissed him with a week’s notice.
o Firstly, this goes against their harassment policy, which lists examples of
behaviour that could amount to harassment and details the action that will be
taken against staff. Dismissing Sebastian when he solely was just reporting the
criminal nature and potential reputational threat to the firm makes no sense.
Secondly, all employees are entitled under their contract to 3 months’ notice,
whereas Sebastian was dismissed within just a week’s notice. This against goes
against their contract. Hence, Sebastian can seek legal advice under various
grounds with proper evidence provided.
3. Advice Gerry
o A situation of voidable contract again. Gerry, who is 43, is a middle level
manager and has ambitions for promotion. Two months ago, he was away on
business with Becca, a senior manager from a different division. She had a lightly
flirtatious style with many colleagues but Gerry was surprised when she
followed him back to his hotel room following a business dinner and leaning into
him appeared to say that she could help his career if they came to a temporary
reciprocal arrangement.
o Gerry can take legal actions against Becca on the grounds of sexual harassment
since the consultancy has a harassment policy and the latter trying to bribe him
to get him a promotion via unethical means. He however needs to have strong
evidence to prove his allegations against her.
4. Advice Mal
o A situation of voidable contract. Mal is 45 and has been subject to many taunts
and teasing by colleagues who have found out that Mal has Anxiety. Definitely
goes against their harassment policy, which lists examples of behaviour that
could amount to harassment and details the action that will be taken against
staff. Anxiety is a medical issue and is not something to be taunted or teased
about. Mal can hence seek legal advice.
5. Advice Elizabeth and Mark
Elizabeth, 59, is one of a number of team leaders and the only woman at that level. She
has discovered that she is being paid less than some of the other team leaders. Mark, is
54 and has North African ancestry, is another team leader and he too is being paid less
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Both Elizabeth and Mark can seek legal advice as this goes against PBJ Co consultancy’s
claims to be “an equal opportunities employer”. Despite their claims, Elizabeth and Mark
were paid less and were clearly facing racial and sexual discrimination. A type of a
voidable contract.
PART A 1.2
A1.2 Solution to the question
a) Firstly, it’s not really clear if there was a legal contract made between Oliver and Katie
regarding the terms of the instalments, and hence by the law this can become a void
contract, because Oliver might not really have legal resources.
Moreover, Oliver was the one who felt sorry for Katie and decided to let her pay the half of what she
owed him (Rs.7,125) by the following Wednesday with the condition that he would let her off with
the rest. Katie wasn’t the one who suggested this.
In fact, Katie paid him the Rs.7,125 on the following Tuesday, a day before the deadline specified by
Oliver. She also gave him a bottle of wine “in consideration of his kindness”. Legally, also, Katie had
never breached the contract and stuck to the conditions.
Just because Katie got a new job and she might be earning more than Oliver doesn’t give him the
right to claim the rest of the money which she had originally agreed to pay for the car because the
terms were changed after that, and now this will be a breach by Oliver and not Katie. So rather than
seeking this situation legally. Oliver might need to reconsider everything once again and try to talk to
Katie first and she if she would agree to pay him back.
b) Hypothetical case that I might encounter in my work life could be multiple based on
situations for instance,
If the seniors’ above me constant taunts and yelling takes a negative toll on my mental
health, I could seek legal advice.
If basic fundamental rights incorporated in the Constitution are violated. So, if I face
discrimination at workplace on the basis of race, caste or sex, I can file a case of violation of
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fundamental rights.
If the company I work at does wrongful termination or one without adequate notice.
If I don’t receive salary for many months, in spite of my work being completed, I can seek
legal advice.
