Roles of Government Organs, Specific Performance, Partnership vs Company, and Employee Dismissal: An

The Executive, Judiciary, and Legislature

(a) The Executive PM/Cabinet/Ministers of the Crown set the agenda for government policy and govt. lawyers draft the Bill(s) (legislation). Eg.Sales of Goods Act 1979 started as a Bill in Parliament and once passed by Parliament becomes an Act. Cabinet members?  Cabinet government? do the research and find out what that means. Actions of the Executive are not subject to judicial/court oversight. 

(b) The Judiciary  what do they do? (Lecture One material). Apply the law to disputes. Interpret legal rules (Statutes passed by Parliament (eg. Sales of Goods Act 1979, Employment Relations Act 1996). Constitution (?). Constitutional jurisdiction of the courts  UK courts have to sometimes step in order to regulate and determine the Judicial Review of administrative actions by who? Public Bodies such as local government and the Home Office (in relation to failed asylum apps and immigration decisions). Courts/judges are looking to ensure that decision making is procedurally correct and that the rules of natural justice have been followed in the decision making process. This applies to both central and local government most judicial review in relation to central government is in relation to the Home Office no surprises there!

(c) The Legislature Parliament legislation (Bills) are introduced into Parliament by usually Ministers (Government Bills as set out in the Manifesto of the party that controls the executive Conservatives/Tories). Parliament is sovereign under the UK Constitution – what does that mean? Parliament it was claimed would re-claim its sovereignty by leaving the EU?! Sovereignty to be subjected to ques at the Dover border, etc Northern Irish Border in the Irish Sea also compromises the claim to be re-gaining UK sovereignty. Further the courts/judges don’t have jurisdiction over the internal affairs of Parliament.

2. Discuss the remedy of specific performance and the limitations imposed by the courts on this form of relief, with reference to relevant case law and legislation with respect to Contracts.  Discussion of Contract Law and the discussion of specific performance as a remedy for breach of contract. 

3. Discuss the differences between a general partnership and a company with reference, in particular, to separate legal personality and limited liability. (350-400 Words) different types of company private limited, public limited, sole traders and partnerships you can elaborate on how a partnership is different from say a sole trader. The issue of separate legal personality is asking you to elaborate on the difference/separation between the identity of the company and its board of directors and the CEO (and its share-holders in a public limited company). In terms of liability it is the directors who are liable for damages in the event of a breach of contract/negligence that results in injury to the public. Set up this discussion to how a partnership works in relation to liability as a private limited company.

Separate legal entity means that a company really exists, can sue or be sued in its own name, holds its own property and is liable of the debts it incurs. This concept allows limited liability to shareholders because the debts incurred are for the company not the shareholders in a public limited company.

4. Discuss how an employee can be dismissed at law from an ethical perspective (350-450 words). Write your responses to the above questions in the form of an essay. Justify your responses.  There are many ways an employee can be dismissed from employment. The answer should briefly canvass all the methods of dismissalTermination by mutual consent, Frustration, Statutory Notice of Termination under Part IX ERA 1996, a contract can be ended by the repudiatory breach of one party, Constructive Dismissal, Summary Dismissal, Wrongful Dismissal. While all forms of dismissal are contestable on the part of the employee, summary dismissal may be the only one that is ethically neutral from the perspective of the employee if their unreasonable disobedience, gross misconduct or negligence is clearly manifest or present without any room for doubt. All the other forms of dismissal described here raise ethical questions about the conduct of either party. However in terms of the power imbalance between the employee and employer it is the employer who in general has more resources, etc that they can call on against the employee so we must on balance exercise scrutiny with respect to how employees are dismissed from employment.  

 1. Discuss the roles of each the three main organs of government

(a) The Executive

(b)The Judiciary

(c)The Legislature

2. Discuss the remedy of specific performance and the limitations imposed by the courts on this form of relief, with reference to relevant case law and legislation with respect to Contracts.

3. Discuss the differences between a general partnership and a company with reference, in particular, to separate legal personality and limited liability.

4. Discuss how an employee can be dismissed at law from an ethical perspective.

Write your responses to the above questions in the form of an essay. Justify your responses. 

This task addresses LOs 1 and 2.

LO1: Demonstrate an understanding of the fundamentals of the English legal system, company and business law.  

LO2: understand Company and business law, corporate governance and ethical issues within an international context.