The Importance Of Law In Contract Law
In this report I’ll provide research and detailed answers to all the queries you’ve for me. Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, 2002). I’ll use reliable references, case law examples and legislation to support my work and provide you with legitimate research. I’ll be talking about the three events that’ve occurred at the Grove Theatre in Salford. In Contract Law I’ll be talking about the variance between an offer and invitation to treat, and the variance between condition and warranty. In Tort Law I’ll be talking about vicarious liability and seeing if this applies to Wicked Theatres Group Ltd. Finally in Employment Law I’ll be talking about employee status and …show more content…
(Kaplan, 2012). Warranty is a less significant term which is supplementary to the main determination of the contract, break of warranty results in damages only. (Kaplan, 2012).
The case Poussard v Spiers and Pond (1876) defines the following as a condition; an actress 's commitment to perform the opening night of a theatrical production. This is because this term goes to the basis of the contract, thus resulting in the cancelling of the contract.
The case Bettini v Gye (1876) illustrates a singer 's obligation to perform during the first three days of rehearsal is a warranty. This is because this term is incidental to the main purpose of the contract, and Gye wasn’t entitled to terminate the contract.
Terms of the contract can be express or implied. Express terms are those precisely implanted into the contract by one or both parties. Implied terms aren’t expressly implanted in the contracts, however they’re still part of the …show more content…
They should outline this in the contract, and verbally with the individual before they start there contract. They could also avoid confusion when hiring agency workers, by telling them from the start whether they’re classed as employees or workers, the same could be said for the several types of worker contracts such as regular casual, part time, flexi etc. they should also get a lawyer to look into the several different acts made by the court to see what can and can’t be done, this’ll prevent the company itself being uncertain, as well as workers. Another thing that could be down is checking the Employment Status (2014), this’ll help the employers clearly determine the status of an employee, if further assistance is needed a helpline is provided, and advice can be given on the situation. Finally I believe a major reason for uncertainty is the difference in wages slips amongst workers, some receive holiday pay, sick pay and some don’t. Some workers also get tax and national insurance deducted from their wage and others don’t. Employers could reduce uncertainty, by making one rule for all employee, whether it be all employee receive sick pay and holiday pay or something