Paper, Order, or Assignment Requirements

Knowledge 1. Explain the legal structures and principles of:: ·         The elements of the UK legal system, and sources of law. ·         Explain and apply the laws relating to employment and treatment of employees. ·         The legal distinctions between the different forms of business organizations ·         Explain how companies are managed administered and regulated. ·         Compare and contrast the different forms of company finance and capital ·         Explain the legal framework applying to companies in difficulties. ·         Analyse problems facing firms, explain their legal implications and identify appropriate legal remedies. ·         Explain the legal regulations of corporate governance and control over fraudulent behaviour.   Thinking skills 2. Identify and analyse legal problems and issues that arise 3. Apply appropriate legal principles to the facts and suggest courses of action.   Subject-based practical skills 4. Express a range of ideas using appropriate spoken and written English, demonstrating understanding of academic writing conventions and styles to explain legislation and apply legal principles; 5. Identify, access, and collate evidence from university and external sources, including textbooks and articles. Use accurate and appropriate referencing of sources in producing an essay;   Skills for life and work (general skills) 6. Use of analytical skills to produce a clear and reasoned explanation using word processing.

 

Introduction

 

You are required to write a report addressing the requirement listed below. The report should have an introduction, a main body and a conclusion.

 

Details of the task

 

Scenario:

 

Mr and Mrs Parker are owners of Active Ltd. Their business was established in 2015 to provide outdoor activities for adults. Sally and Tom work at Active Ltd on a part-time basis and are paid salaries.

 

On 15^th January 2016, a group of first year students at University of East London visited Active Ltd to use the premises for a football game. They were greeted by Sally at the reception desk, who gave them a contract which states in small print at the bottom that ‘Active Ltd takes no responsibility for loss, damage or injury whilst on their premises’. Harry, a group representative, signed the contract and the group proceeded to play football. As it had been raining heavily the night before, the playing field was wet. Whilst running towards the ball one of the students (Ben) slid, stumbled over a broken fence and broke his arm.  Ben threatened to sue Active Ltd for his injuries as he did not physically sign the contract.

 

On the 16^th of January 2016, John (a local resident) was on his way to a dental appointment when he stumbled over a broken fence that had fallen onto the public path from Active Ltd. He broke his leg and missed his appointment. He threatened to sue Active Ltd for his injuries and his dental fee of £200.

 

Earlier in the month (January 12), Mrs Parker had instructed Tom to repair all the fences around the premises. After a day’s work, Tom reported that all the fences were fixed. Mr Parker blamed Tom for not fulfilling his duties, which resulted in both injuries. Tom insisted that he is an independent contractor and the broken fences had nothing to do with him.

 

Requirement:

As owners of Active Ltd, Mr and Mrs Parker have approached you for some legal advice. Write a report outlining the following:

 

• The legal position of Active Ltd with regards to Ben’s injury;
• The legal position of Active Ltd with regards to John’s injury;
• Whether Tom is an employee or independent contractor, taking his duties into account;
• Which party is liable for the injury/injuries.

Explain the above with reference to the English legal system, decided and recorded law Case studies.

 

The coursework will be assessed by reference to the following criteria:

 

• Explanation of the issues that arise out of the terms of the requirement;
• Explanation of the key relevant legal principles with clarity and precision;
• Supporting the explanations with appropriate reference and example;
• Critical review of relevant literature on the topics highlighted in the requirement.
• Evidence of coherent arguments and effective structure adopted