TASK 2
You have completed your training atMichael JordanSolicitors and has been fully employed in the firm as a legal adviser. Your first task is to critically review and evaluatethe following legal cases usingappropriate legal solutions in comparison with alternative legal advice. (a)Francisis a sole trader in Manchester. He registered as self-employed for National insurance and Tax purposes.Francisis now considering incorporating the business as a Limited Liability Company.(b)Tomhas been appointed as one of the board of directors ofAmstradPlc. Tom is wondering whether he would be entitled to any pay for his services and would like to know howAmstradPlc should relate with its employees.Tomis also wondering as to what will happen whenAmstradPlc starts struggling to survive.(c)TSSis a limited liability company in UK and it deals with the manufacturing and sales of household equipment. The Company has advertised various positions in the Metro Newspaper for employment.Harrywhois a UK citizenwith his family has applied on line for the post of the Marketing director and likewiseHarry’swife applied for the same position.The company after interview offered the job to the husband claiming he is the bread winner of the house and beside men are more energetic and stronger than awoman.What are the legal implications of TSS action in terms of employmentlaw?
After 5 years,Harrywas dismissed on ground that the Company is shutting its high level emission releasing plant which has caused serious pollution in the area and alsoTSSis cutting down its workforce because it is not growingand the company isspending above itsrevenues.
After 10 years ofHarry’sdismissal,TSSleaked his personal details to certain organisations and individuals.Harryalso registered a company usingTSSlogo and symbol. Discuss the legal implications of the above scenarios.
, (d)Without prior consultation with employeesTSSLtd’ made it known at the beginning of February that all employees are to start compulsory overtime from the month of March. Apart fromPaul, a member of a trade union known as ‘Join us’, the decision was a welcome development for some of the employees.Pauldid not join other employees in doing the overtime and resigned with effect from 31stMarch.Paul is now thinking of suing TSS Ltd on‘CONSTRUCTIVE DISMISSAL’, he is now seeking your advice based on the Alternative Dispute Resolution,‘ADR’ and types of ‘ADR’.( e ) Jonathan and Mary are engaged, Jonathan decided to give Mary a
treat so they decided to have dinner in an Italian restaurant in the
West end of London. Mary placed an order for a red -wine, she had
asip of the red-wine unknown to her the red-winehad a
decomposed snail, she developed a stomach upset which resulted in
her suffering from diarrhoea. She now seek legal advice from you.
Please advise Jonathan and Mary ontheir Negligenceclaims.
For each of the above cases you are required to: 1.Suggest appropriate legal solutions for each case.2.Provide justifications for the use of appropriate legal solutionsto the above cases.
3.Assess the positive and negative impacts oflegal solutions tothe abovebusiness problems.
4Define Negligence
Essential elements or requirements of Negligence in lawciting relevant
case law.
Discuss how Negligence claims can be funded.
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