Legal Aspect of Management

Legal Aspect of Management

Student ID: 6850805

Introduction

        Every single thing abides with the law. It means that every individual as well as companies have to comply with the prevailing laws and doctrines, initiated and implicated by the state (Beale et al. 2010). Every country has different prevalence of law, along with different tactics to combat with the challenges associated with its compliance. In the Western World, the English Laws are quite preferable as it has all the main elements that keep alive the system and the case. Among numerous laws, the name of Contract Law is one of them (Goode 1997).

        The main of this assignment is relating to English Contract Law, which is supposed to be applied over a specific case. The case is relating to Simon dimensioning a fictitious story. In order to complete this work in a professional manner, it is essential to apply an important framework, known as ILAC. The acronym of ILAC is “Issue, Legal, Application and Conclusion”. The next section of the assignment will be discussing the issue highlighted in the case.

Issue

        The first element that comes under the ILAC framework is “Issue”. Theoretically, this particular element is used to highlight the main issue demonstrated in the case (Lando and Beale, eds 2000). It is an important element of the framework that uses to get the main idea behind the story. The issue which has been demonstrated in this particular case is related to exploiting the Contract Law (Zimmermann and Whittaker 2000). As per the case, Simon is an organiser of a TV Program Contest in which applicants appears to show their singing talent. Simon and the entire team had a worst experience from the last contest in which the applicants as well as the judges had performed poorly. The name of the Contest is “You’re Hired” in which renowned judges from across the globe evaluate the singing ability of the incumbents, and based on their calculation a winner is announced. Due to the disappointing last season, Simon wanted to rebrand the show with more talented singers of America that could attract more commercials and people towards the show. For this purpose, Simon hired two highly recognised singers of America for the judging panel. Beyoncé and Jay Z were the recognised American Singers who was hired for the same connection. Simon had an idea that the name of Beyoncé is quite popular, and attaching her name with the contest will certainly give their business a real boost during the airing of the contest on the Television. Based on the same factor, Simon offered Beyoncé a diamond bracelet which she is supposed to receive after the completion of her role in “You’re Hired”.

        Unfortunately, the performance of Beyoncé was not as expected by Simon that increased the amount of negative comments towards their program. In Short, this new season of You’re Hired is still a Flop that gave negative ratings to Simon and his company. Instead of earning new business, Simon got nothing but negative comments on their show which was later on reach on the brink of closing. Consequently, Simon refused to give the Diamond Bracelet to Beyoncé, which he promised to deliver her after the show. The promised was a part of the contract, and Simon has to comply with the same as it is necessary. Instead of giving the Bracelet to Beyoncé, Simon awarded the gift to her girlfriend. The issue may commence, if Beyoncé sue Simon in the court, as he is reluctant to comply with their contract. The legal panel of Simon has already informed Simon about the consequences of the breaching of law, which will raise a question mark on their integrity and working capability. Simon has to think intelligently to overhaul from the same problem. Apparently, the issue is not looking a heavy one, but still its consequences may hurt the integrity and credibility of Simon in the long run. This particular adverse affect over the credibility of Simon will not translate a positive demonstration on their business in their future. The next section will demonstrate the legal factor or law which associated with the same case that will be taken to the last stage for the completion of the analysis.

Legal

        The second element that comes under the ILAC framework is “Legal”. Theoretically, this particular element is used to pen down the legal implication associated with the same case (McKendrick 1997). This particular element is connected directly with the last element, as the legal implication would have been applied on the basis of the issue (Nolan 1996). As mentioned earlier that every single thing is complied completely with the legal proceedings and implications, hence the compliance of the same proceedings are essential for them (Zimmermann and Whittaker 2000).

        From the entire case, it is found that it is a breaching of the Contract Law. The English Contract Law come into play in the same scenario, which is known as the most indispensable and efficient contract laws used across the Globe (Posner et al. 1977). The English Contract Law has been recognised with the name of “Acceptance and Offer” law, which is an efficient sign from their standpoint. This particular law starts with an Offer, which has been given from an issuer to the accepter. It is on the accepter to accept or reject the offer after it has been made. The offer has two categorises for the Accepter to be taken which is “Acceptance” and “Rejection”. Rejection means that the accepter is not accepting the offer, hence there would be no contract, and no breaching would be entertained in this particular case (Wilhelmsson 2004). Secondly, there is a category with the name of “Acceptance” (Wladis 1986). Theoretically, acceptance means to accept the offer which has been made by the issuer. After the acceptance, neither party could back-off from the same contract. In short, acceptance is the pre-requisite to the contract, as without acceptance there would be no Contract whatsoever.

        The breaching of the contract means that one of the parties is breaching the prevailing contract law, and may receive the legal prosecution for the same factor. Most of the times, the issuer breach the contract through which they hired a person (Zimmermann and Whittaker 2000). However, the accepter has the chance and complete room to sue the issuer for the breaching of the law (Whincup 2006). The same is applied in this particular case as well. Simon, who was very depressed due to the last session of the Contest “You’re Hired”, has shown his willingness to hire Beyoncé and Jay Z to rebrand the image of the contest. Before the commencement of the contract, Simon gave an offer that after the completion of the contest he will give a Diamond Bracelet to Beyoncé as a gift. There was no condition has been defined in the case relating to any consequences of the contest and its result. Unfortunately, things were not as streamlined for Simon, as he was expected. Resultantly, Simon refused to give the Diamond Bracelet to Beyoncé after the completion of the contest which was promised earlier. Legally speaking, it is a breaching of the contract law, because the contract was to judge the contest regardless with its ratings. Beyoncé has the complete autonomy to sue Simon for not complying with the promise. The legal team of Simon is very sharp, and they are well cognizant with the negative factor of the same thing on the credibility of Simon in the future. Therefore, they have suggested Simon to not to breach the contract, but Simon gave the Bracelet to his girlfriend instead. Hence, it is breaching of the legal factor, and prosecution could have been applied on the same.