Writing a dissertation on business law does not fall within the purview of law students alone. Students studying business administration, commerce, and other financial based disciplines may also find themselves tasked with writing on this broad subject matter. Therefore, if you received a task to write on business law, do not fret for we intend to provide you with enough information and direction on writing a dissertation on this matter.
To get this done, we will be making use of three articles which are all part of a series geared towards providing students with enough information to write a dissertation. The first—which you are about to read—will provide 10 salient facts you can use in your dissertation.
10 Significant Facts for a Dissertation on Business Law
- The law of contract is fundamental to business transactions. Although legislature guides the formation of a company, the law of contract plays a more important role in organizations business dealings. Contract law determines how the shareholders, employees, and employers of an organization conduct business. This law also forms the major frameworks according to which business organizations carry out transactions with external entities.
- A contract must not be a signed agreement. Contrary to popular beliefs, contracts do not come into effect only when both parties sign the dotted lines. The laws of business state that spoken or written agreements via the phone, e-mails or even social media can be taken as a legally binding contract as long as certain conditions are met. The conditions to be met include: an agreement between both parties on mutual obligations and a remuneration.
- A regular lease is different from a commercial lease. Businesses looking for property to lease have two options: a commercial lease or a regular lease. Commercial leases put more power in the hands of the owner rather than the business. Taking out a commercial lease means the property owner decides on payment schedules, maintenance and how one can actually use the property commercially. Regular leases give businesses more opportunity and control over how they go about their business in the leased property.
- A director’s guarantee in terms of leasing is not normal. When conducting business transactions, providing a director’s guarantee for making large purchases, taking out a lease or a loan for the same purposes is illegal. Business law states that providing a director’s guarantee means that you or the director has staked his personal assets against that transaction. It also means the transacting party does not believe in or trusts the business’s liquidity or capacity to payback.
- Copyright and trademark are different entities in business Law. These entities are backed by the different legislature and business laws. Copyright generally refers to creative work, while trademarks are the peculiar thing that differentiates your product or services from that of the competition. Under contract law, a copyrighted object or subject is not protected under trademark legislations. That is why both entities fall into totally different categories in relation to intellectual property theft.
- Online and offline advertising are both guided by business law. Contrary to popular beliefs, online advertising is also guided by the same legislature outlawing trademark infringements and the like. The Australian Consumer and Competition Law is just one example of business laws that regulate how business conduct advertising campaigns online. Infringing on established offline or online trademarks lead to consequences and retributions backed by law.
- A termination agreement is important in contract law. According to business law, a termination agreement between an employer and an employee provides certain guarantees. It is nothing more than legal documentation stating that a contract has ended as well as the terms associated with that ending as specified during the time of employment. This agreement protects both parties. The employee is protected from wrongful termination and the employer is safe in terms of the future lawsuits stemming from perceived wrongdoings from the employee’s perspective.
- A personal will and a business will are different entities. Under business law, in most cases, a personal will dictating one’s choice on arranging his or her affairs is not enough. This is because business transactions are run through multiple contracts and agreements. Therefore, it is expected under business law that entrepreneurs create separate wills to handle different affairs adroitly. It is important to note that the business will is also a binding contract between all parties involved and it is backed by its own legislation.
- In the US commercial law is enforced by Congress and state governmental entities. Business law is the province of the US Congress that regulates the commercial and individual legislation in use. Some of these regulations might be adjusted in terms of the local legal acts, but most of them should be used strictly according to the federal law. A general law known as the Uniform Commercial Code has also been adopted with minor changes or modifications by the 50 states in the US. This means that although legislations may differ in certain cases, a contract breaches can be handled through a uniform format regardless of a business’s location in the US.
- Contract law does not exclude contracted parties from liability to negligence. Business law takes a hard stance on liability for negligence that leads to employee death. According to business law, no party taking part in a contractual agreement can escape liability due to negligence by pointing out terms and conditions included in a contract. Therefore, putting such clauses exempting a business from liability due to negligence will not be upheld in any court. Legislators might however divide the responsibility among parties if an incident to the negligence took place.
Here we come to the end of the first article on the series covering business law and writing a dissertation on it. These facts are intended to provide a direction to students and give them the overall understanding of the subject matter. Other materials and tutorials for further reading are also available. We recommend that you go through the article on 20 business law dissertation topics when choosing your topic and read-up on how to write a stellar dissertation on business law when developing a structure for your entire academic writing project.
Hutter, B. (2011). Understanding the New Regulatory Governance: Business Perspectives. Law & Policy, 33(4), pp.459-476.
Zwarenstyn, H. (2007). The Importance To The Businessman Of Understanding International Law. American Business Law Journal, 1(1), pp.60-63.
Mäntysaari, P. (2010). Commercial Law and the Theory of Management-Based Commercial Law. SSRN Electronic Journal.
Rojas Elgueta, G. (2013). Understanding Discovery in International Commercial Arbitration through ‘Behavioral Law and Economics’: A Journey inside the Minds of Parties and Arbitrators.
Taekema, S. (2014). Private Law as an Open Legal Order: Understanding Contract and Tort as Interactional Law. Netherlands Journal of Legal Philosophy, 43(2).
Oliveira, N. (2009). The Private Law Society and Contract Law Application. European Review of Contract Law, 5(1).
Lurger, B. (2005). The Future of European Contract Law between Freedom of Contract, Social Justice, and Market Rationality. European Review of Contract Law, 1(4).