A Problem Question on Company Law

A Problem psyche on Company practice of lawIssueThe fictional character is about a large flower shop where the conflict in the midst of a passenger car and the two scaters arose. The employer of the carriage, James, represents him a salary of $100,000 per year to manage the melody, which includes some 15 employees, including 2 cleaners and 6 flower arrangers.Two flower arrangers, Dan and Sam, capture been pestering the manager for weeks about getting an increase in their hourly rate. The manager has repeatedly explained to Dan and Sam that he preserve non match to a pay rise without first speaking to James, and that as he is overseas, that will non happen until the end of the month. Dan and Sam are becoming increasingly thwarted with his refusal to consider their request. One Wednesday morning(the busiest day), Dan and Sam confront the manager and tell him that unless he agrees to increase their hourly rate by $5 per hour, they are discharge to walk out with the 4 other flower arrangers, leaving the manager to fulfil the orders on his own. The manager has no choice but to agree to their request, as there are four wedding orders that must be done today. The manager promises to adjust their pay as requested. once the day is finished, you sit down and consider the ramifications.This essay argues thatIs the manager de jure obligate to keep his promise? What are the legal remedies?If the manager did not agree to their terms, and they walked out, what would he has been able to do if the orders werent fulfill and the business lost $10,000/-?LawStilk v Myrick 1809 1 is a contract law case of the English High Court on the subject of experimental condition. In his verdict, the judge, dogged that in cases where an individual was bound to do a duty down the stairs an existing contract, that duty could not be considered valid reflection for a new contract. consort to the Law of Employment 2 Eachcontract3 of employment contains terms and conditions by w hich the parties of the contract i.e. empoyer and employee regulate their relationship. These terms may be in discolour white or spoken. More often, the appointment letters, job descriptions, policy manuals, work rules practicesare considered to be the part of terms of the contract. Such terms impose a legal binding on both of the parties of contract to perform their consideration in adequate manner. These terms can also include restrictions much(prenominal) as period of employment, amount of wage, serving of notice periods, etcApplicationAccording to the aforemetioned case, Stilk v Myrick 1809 and keeping in view the principle of antecedent, the manager is not legall(a)y obliged to keep his promise, because there was no surplus consideration, fulfilled by the workers who remained at the flower shop against the additional pay which they claimed. earlier they start pestering the manager for the salary increase they had undertaken to do all that they could under all the circum stances at the workplace. They had sold all their serve at the previous wage rate. Therefore, without looking to the policy of this agreement, it is void for requirement of superfluous pay for the same consideration which they committed in front, and that the complainant can only recover the same, without making any claim for legal remedies.As discussed above, if the terms of agreement carries any binding of serving a frigid employment period or a notice period before leaving the employment then the employees could not blackmail the manager by saying that they will quite immediately, if no arise of pay is make by the manager. In this scenario, the employees will be liable to pay for the restitution resulted by their breach of employment contract. Such damages can be calculated by two ways The Expectation Interest 4 and The conviction Interest 5.ConclusionIn view of above and the principle of precedent 6, it can be concluded that due to no offereing of any additional consider ation from the end of flower arrangers and trying to blackmail the manager for brilliant them to pay extra wage, the promise made by the manager becomes null and void and has no legal value. Thus, the manager is not legally obliged to keep his promise and for any of the legal remedies.BibliographyBooksContract Law, 7th magnetic declination by Poole, JillContract Law, 7th Edition by McKendrick, EwanBlack Law Dictionary, 5th EditionArticlesLegal Studies by P Luther, Campbell, Espinasse and the Sailors 1999Consideration pragmatic Benefit and the Emperors New Clothes by M Chen-Wishart, in Good Faith and Fault in Contract Law1995 by J Beatson and D FriedmannWeblinksThe Law Handbook http//www.lawhandbook.org.au/handbook/1 Stilk was contracted to work on a ship owned by Myrick for 5 a month, promising to do anything needed in the voyage regardless of emergencies. afterwards the ship docked at Cronstadt two men deserted, and after failing to capture replacements the captain promised t he crew the wages of those two men divided between them if they fulfilled the duties of the missing crewmen as well as their own. After arriving at their home port the captain refused to pay the crew the money he had promised to them. When the matter was brought in front of the court the decision was made by the Judge, that since the crew members made no extra performance as consideration of the contract, thus they are not entitled to receive any extra wage for that.2 Thetype of lawthatgovernstheemployer and employeerelationship, which includesemploymentcontracts of individuals.3 An oral or written agreement, such as relating to employment, sales, etc, that has readiness of enforceablity by law.4 The court aim to put the plaintiff in the mail service which he would have been in, if the contract had been per make.5 The court aim to put the plaintiff in the position which he would have been in, if the contract had not formed6 A precedent is a principle or rule completed in a previo uslegal casethat is either binding on or compelling for acourtor other tribunal when deciding subsequent cases with similar issues orfacts.