Business Law Seminar
First Research Task
A 500 word report should be produced on two different stories found in the media which cover the interaction between the law and business/commerce. The first half of report should be based on a story found in the traditional print media. The story must be found in paper publication; not a newspaper website. The second half of report should be a similar report from a solely electronic media source. That does not include online versions of broadcast or print media, such as the FT, BBC or any other newspaper web-site. It should be online only.
The reports should be concise, able to be read alone, and include the following:
an explanation of how the law and business/commerce interacted in this situation
an analysis of whether the law was seen as a help/hindrance to the business community;
which perspective the story was written from; and
why you view this story to be of importance.
You should bring your reports and copies of the original stories with you to the seminar.
Just make sure follow what is mentioned above.
Second Research Task
Select one case that you studied in your 1st year that involved two ‘commercial’ parties – going back to 106 might be the easiest. Then look at the actual reports of those cases (in paper or online). We are not interested in the decisions per se, but the way the case is reported and the way the judgments are structured. Take some notes from the case, compare the style of judgment to the headnote, and then look at the following questions:
1. What is the Function of a headnote? Are there any inherent dangers in reading only the headnote of a case?
2. How and by whom are headnotes produced? How does the style of the judgment compare to the headnote; why are they prepared the way they are?
3. Many reported cases in English law will have the names of one or more of the protagonists ending with “SpA”, “SA”, “AG”, “GmbH”, “SPRL”, “NV”, “A/S”, “AB”, “Srl”, “SARL”, “Inc”, etc. What does that tell you about commercial litigation and/or business practices in this country?
4. What is ‘neutral citation’ and why is it, in particular, important to commercial practitioners?
Business Law Seminar
First Research Task
In the situation whereby companies are required to follow the minimum wage regulations, it indicated the importance of the laws in supporting business operations. The companies must always seek to adhere to the minimum wage regulations, as it would motivate the employees. Thus, compliance to the laws is important in promoting success of the business productivity and performance (Lee, & Saez, 2012). In this case, law is seen as a help to the business community. The minimum wage regulations are sought to promote employee compensation, which supports the overall productivity within the business community. It is a big help for the businesses, which always seeks to maximum their returns. As a result, the integration of laws and business is necessary in promoting compliance.
The story was written from the perspective of the businesses in a focus to expand compliance to the different laws and regulations. The perspective is critical in promoting the ability of the business to improve compliance of laws and regulations. Legal compliance assists in promoting transparency and accountability within the businesses. My view on the importance of this story is that it seeks in improve the welfare of the employees with laws to promote business performance and productivity (Linde Leonard, Stanley & Doucouliagos, 2014). The story is important as it addresses one of the main core issues in the society of lower wages. Most companies usually pay low wages and salaries to their employees, which is unacceptable. Therefore, the story would highlight the need for improving and complying with the minimum wage laws to promote compliance.
Second Research Task
Hadley v. Baxendale, 9 Exch. 341, 156 Eng. Rep. 145 (1854).
This was a commercial case, which sought to determine the amount of damages, which an injured person was entitled for in the case of the breach of contract. The case will be compared with the facts to explain the different scenarios.
• In Hadley v. Baxendale, the headnote played a significant function to summarize the ideas and concepts to the raised from the case study.
• The headnote would assist to give the readers an understanding on the role and importance of the functions of the headnote.
• There are exists inherent dangers in reading the headnote of the case only as it does not provide any detailed and in-depth information about the issues in the case.
• For instance, reading the headnote only, an individual would be unable to learn the various examples and illustrations given within the case.
• Such a situation leaves the reader in the inherent danger of not understanding the facts and issues within the case.
• The authors of the case are expected to come up with headnotes through summarizing the key issues included in the case.
• It will include the identification of the main issues discussed in the case and then integrating them in the headnotes.
• Unlike headnote of Hadley v. Baxendale, the style of judgment starts by identifying the facts of the case to inform the readers about e specific issues involved.
• In contrast, headnotes only focuses on the main issues discussed in the case.
• The judgment style prepared to provide direct information and evidence, which could be highly useful to the readers.
• In spite of all, both the style of judgment and the headnote gives a picture of the cases.
• The protagonists ending with “AG:”, “Inc” and “NV” among others helps in understand the different types of business organizations, which guides commercial litigation as well as supporting business practices in the economy.
• It also implies that commercial litigation are organized and categorized according to the type of business entities.
• Neutral citation identifies the legal and business citation unique to certain cases provided from a particular commercial court.
• The case citation and numbering is important in reducing any ambiguity during the references to the specific cases such as Hadley v. Baxendale..
• It is important to the commercial practitioners, as it helps in organizing their commercial cases and events in a sequential manner to lower confusion.
Lee, D., & Saez, E. (2012). Optimal minimum wage policy in competitive labor markets. Journal of Public Economics, 96(9), 739-749.
Linde Leonard, M., Stanley, T. D., & Doucouliagos, H. (2014). Does the uk minimum wage reduce employment? A meta‐regression analysis. British Journal of Industrial Relations, 52(3), 499-520.