Business Law paper URGENT

COLLEGE OF BANKING AND FINANCIAL STUDIES

PROFESSIONAL STUDIES DEPARTMENT

Spring 2020-Time Constrained Open Book Examination Answer Booklet for Pearson BTEC Level 5 HND Diploma in Business

Semester 2 – H/617/0736 – Business Law

(This booklet contains 20 pages)

(HND Business)

To be completed by the student:

Student Name: _RAZAN ______________________________________

Student No: ST09809______________

Name of the assessor: ___Mrs. Sona lulu_______________________________

Semester: II Cohort: _Morning 1____

Exam Date starts on 15th May 2020

Due date on or before 17th May 2020

Exam Venue: From Home

Exam Type: Regular / Resit (please tick whichever is applicable).

If a student is a resit category, the maximum grade will be capped at ‘Pass’.

Signature of the student: ____________________________________________

To be completed by the invigilator:

Proof of identity: College ID / National ID / Driving License (please tick what is applicable)

Seat No: __________________________________________________________

Signature of the invigilator: ____________________ Date: 15th May 2020

COLLEGE OF BANKING AND FINANCIAL STUDIES

DEPARTMENT OF PROFESSIONAL STUDIES

Assessment front sheet

Time Constrained Closed Book Examination

Purpose of the assignment

This open book exam will enable students to enhance students understanding of how business law is applied in recommending appropriate legal solutions to resolve areas of dispute. This will help them to better understand different areas of law that applies in business.

Learning outcomes and assessment criteria

Please read this page carefully to reflect requirements of the grades in your answer

Assessment Brief

Task :1 : You have been employed as a Legal Consultant in a leading law firm in Oman. Your major focus is on providing advice to businesses in a specified region.  You have been given a range of different business disputes (scenario 1&2). You are required to recommend appropriate legal solutions to resolve them. While recommending appropriate legal solutions, you are required to compare and contrast different sources of legal advice and support for dispute resolution of the scenarios given below. You should also evaluate the effectiveness of the legal solutions, legal advice and support for dispute resolution.

NB: You must provide legal solutions for both scenarios.

Scenario 1:

Al Anood was recruited as a marketing officer by GREEN LIFE LLC. Her salary and allowances package includes a gross salary of RO 1000 plus a car with fuel allowance of RO 100 per month as part of her work equipment. Due to the recessionary market situation the company decided to withdraw the car and the fuel allowance. Consequently, Al Anood stopped making sales visits to attract prospective customers and retain existing customers. The company terminated Al Anood with immediate effect citing poor performance. Advice Al Anood on the course of action available to her.

Scenario 2:

Ahmed released an advertisement in the Times of Oman and Oman observer offering his commercial property located in Muscat for sale Up on seeing the advertisement, AL Habib LLC purchased the property for their real estate business on the following terms: However, later they refused to complete their payments as per the agreement. Total cost: OMR 25,000

No of instalments: 5

Amount of each instalment: OMR 5000

Ahmed completed the documentation of transferring the property to AL Habib LLC. Al Habib LLC paid the first instalment of OMR 5000. Al Habib refused to pay the remaining instalments.

Advice Ahmed on the course of action he should take in this matter

Begin your answer here: _

Scenario 1:

The first scenario is a conflict between an employer and an employee. The Allanud contract has been terminated by employer Greenlife LLC due to poor performance. Her employer issued her dismissal notice in spite of her excellent work as a sales representative. As a legal counsel, I first advise Al Anoud to consider negotiating with employers to resolve their disputes (Zhang, 2019). Negotiations will lead them to a friendly solution. I would also like to ask about her employment contract, if the contract signed during her employment contains detailed terms regarding the termination of the contract and her knowledge of the terms.

Second, I suggest that she consider arbitration. She can use her friends or a human resources manager as an accompaniment along the way. The arbitration will determine the effectiveness of the actions taken by Green Life LLC to terminate the contract. The weighters weigh the various reasons for the actions taken by each party, taking into account the principles of fair play to solve the problem. Ask your employer about her previous Al Anoud's performance and the extent to which her performance at the company will impact her end of work. It also reviews the impact of the economic downturn on the financial stability of the company and the actions taken by Al Anud after withdrawing its profits.

Also, ask your HR manager if the termination of the contract is entirely based on poor performance, or if there are other reasons to terminate it. Anoud's previous performance as a sales representative is exemplary, and dismissing her because of poor performance is not inadequate. (Ling & Dillon, 2018). Therefore, we will check Oman's labor law to assess compliance and see if the employer followed the legal procedures set out in the Employment Law to terminate Anude's employment contract because of poor performance. .. Similarly, if the dismissal is done in place of the contract, a document containing the employment contract at the time of the assignment is essential.

Al Anudo needs to clarify his relationship with his employer before being dismissed. She was talking about whether her employer was legally paying her benefits and salaries before she was fired. The employer had to pay the arrearage shortly before his dismissal. If the employer does not resolve all delinquencies, the court must explain insufficient performance in the employer-employee relationship, regardless of the legality of the reason for termination. Therefore, it would be wise to ask her if she ultimately wants to sue her for powers to terminate employment.

Scenario 2:

The second scenario is a commercial real estate dispute between real estate owner Ahmed and buyer AL Habib LLC. Ahmed blames Al Habib Company Ltd. for not complying with the payment terms of the contract. As a lawyer, I recommend Ahmed to negotiate to resolve their disputes. Meaningful communication with real estate agents can be a quick solution. Therefore, Ahmed must talk to Al Habib Company LLC about the terms of payment for the contract and explain the breach of the contract to reach an agreement.

If negotiations fail, we recommend that you arbitrate with Ahmed to regain your already broken confidence in the contract (Agapiou, 2018). If an initial agreement is established, the new realtor will complicate the entire process, leading to the repair and settlement of the fees originally paid. Therefore, Ahmed must involve his beloved supervisors, real estate agents, and friends in the payment process to service all parties.

If you have difficulty getting a new agent, we recommend using arbitration (Zhang, 2019). It is also advisable to consult an attorney before terminating the contract or the contract. Therefore, Ahmed must seek advice from legal counsel on the grounds of action and explain the terms of the contract and the terms of mitigation in case of breach. After understanding the legal consequences and legal evidence of the contract, Ahmed decides that he should sue for financial damage. If successful, the court will restore Ahmed to his initial state if both parties comply with the contract and its terms.