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Business Law Assessment

Business Law
  1. a) The first reading of a bill is the final procedural step before it becomes law. This is where the abbreviated title is read. This procedure can proceed even if the bill is not printed and delivered because doing so is essentially a formality. Yet there is currently no voting system in place. Follow these instructions for a second reading. After the law has been written and distributed, it will be read a second time. During this stage, the comprehensive bill’s lengthy title and organizational framework will be presented to the chamber. After then, lawmakers will discuss the proposal’s overarching goals and objectives. A decision on how to proceed will be made based on the results of the members’ voting.

    Business law refers to the legal framework that governs commercial transactions and activities, encompassing a wide range of legal issues such as contracts, intellectual property, and employment law.

    A committee will now decide what to do next. The House of Representatives will then form a committee to examine the issue. A closer examination of the statute will be conducted, and modifications will be made if they are deemed necessary. A report will be presented to the House once the work is complete, and the session will continue if the House approves. Next is to look at a third interpretation. The measure will be read, examined, and revised during this phase.
    Unless there are unusual technical complications, no arguments are allowed during this process. Only with the permission of the Speaker is this permitted. This procedure will transmit the bill to the Senate, the other House of Representatives. This chamber will follow the same procedures as the House of Representatives. If there is a disagreement between the two sections, it will be resolved by a Joint Committee.
    The next thing to do is to secure the approval of the king. According to Article 66(4) of the Federal Constitution, the YDPA has 30 days to affix the public seal from the time of presentation. Then, if the YDPA doesn’t sign off on the law after 30 days, it automatically takes effect per Article 66(4A).
    According to Article 66, a bill is considered a law after the Young Democratic Patriots’ Assembly has passed it. (5). A bill’s final stop before becoming law is the gazette. This is so by Article 66 of the Federal Constitution (5). This demonstrates the necessity of publishing legislation before it may take effect. However, Parliament has the authority to delay the implementation of any law (Blumenthal, 2022)

The act of making a bill into law is called legislation. “A measure must first be introduced in the House of Representatives or the Senate before it can be debated and voted on. If the bill passes one house, it will be submitted to the other house for further consideration and vote “. As soon as the law gives to both houses of Congress, it is delivered to the Oval Office for the President’s signature. The law will take effect once signed by the President (Blumenthal, 2022).

Legislation refers to the process by which a bill becomes law. “A measure goes through the same process in the House of Representatives and the Senate when it has been introduced there. If the measure passes in one house, it will go to the other house for deliberation and a vote. If a bill passes both houses of Congress, it goes to the President for approval “. After receiving the President’s signature, the bill is officially enacted. If Congress sends back a statement that the President vetoed, it can be overridden by a two-thirds majority vote in each chamber.

“Before being considered for passage, a bill must first be filed in the relevant legislative chamber. As a next step, a panel is established to look at the legislation and hold public hearings “. After the committee has deliberated, the bill is brought before the whole house for debate and a vote. When a bill passes through one place, it automatically moves to the other house, where it goes through the same deliberation and voting process (Blumenthal, 2022).


The literal rule, the golden rule, and the mischief rule can all be used to interpret a statute. Understanding the intent of a law is facilitated by the literal government. It states that courts must interpret statutory language in its most obvious and straightforward sense. The reasoning behind this rule is that Congress meant exactly what it said when it used specific language.
 When in doubt about applying the rule of law, the golden rule can be relied upon as a guide. It states that interpreting a statute literally will lead to absurd results, and the court may substitute an alternative interpretation. The concept behind the golden rule is that lawmakers in Congress wished to prevent an extreme event. The “mischief rule” can be helpful as a guide for legal understanding. It states that the court must interpret a statute to address the issue that prompted its passage. According to the mischief rule, the legislative body responsible for passing a specific law must have had good intentions (Tobia, 2022).

  1. Literal rule

The most common and elementary strategy for deducing meaning is to take things at face value. One aspect of this is giving effect to the “natural and customary meaning” of the words used in the legislation. This strategy is typically employed when the language of the law is simple.

PP v. Kok Wai Loong & Others [2018:7 MLJ] is a recent case that applied the literal rule. The defendant was found guilty of money laundering under Section 130J of the Penal Code. The defendant filed an appeal, arguing that the word “property” in section 130J should be interpreted to indicate “real property,” such as land or buildings, and not “personal property,” such as shares, jewelry, or money. The court interpreted the word “property” in Section 130J to cover both real and personal property in its scope. This resulted in the dismissal of the defendant’s claim (Tobia, 2022).

  1. Golden rule

The golden rule is used to amend the law of a statute when a literal interpretation of its terms would lead to an unjust or unfair consequence. The court, guided by the Golden Rule, may depart from the literal sense of the words to arrive at a fair and reasonable conclusion.

The most recent case to use the golden rule was Public Prosecutor v. Mohd Zainol Abidin Bin Mohd Nordin [2018] 6 MLJ. The accused was found guilty of carrying an offensive weapon in public without a permit, violating section 18B of the Corrosive and Explosive Substances and Offensive Weapons Act of 1958. The defendant argued that the word “weapon” in section 18B should be taken literally to include only solid objects like knives and guns and not liquids like pepper spray. The defendant’s claim was thrown out of court because the court determined that the term “weapon” in section 18B should be given its plain and common sense, including tangible items and substances.

  1. Mischief rule

When applying a statute literally will lead to an illogical or unfair consequence and the golden rule does not apply, the mischief rule is used as an extension of the literal rule. The mischief rule allows the court to give a document a more reasonable and fair interpretation than its literal one.

Recently, the mischief rule was used in the case PP v. Kok Wai Loong & Others [2018] 7 MLJ. The defendant was tried and found guilty of money laundering under Section 130J of the Penal Code. The defendant filed an appeal, claiming that the word “property” in Section 130J refers only to “real property,” like land or buildings, and not to “personal property,” like shares, jewels, or money. The court concluded that the defendant’s claim should be thrown out because the term “property” in Section 130J should be given its plain and ordinary interpretation, including natural and personal property.

  1. A) Characteristics of Alternative Dispute Resolution:

There are many advantages to using ADR instead of going to court, including a shorter process and lower costs. This is because ADR allows parties to resolve their dispute without resorting to the time-consuming and expensive trial system since ADR proceedings are often less formal than traditional litigation.

In many cases, ADR is more casual than litigation. Procedures are often less formal and more casual since parties are not required to conform to the same procedural and evidentiary criteria. Due to this, it could become more straightforward for the parties to reach a compromise.

The settlement agreement and the underlying conflict between the parties are kept secret because of the confidential nature of ADR. This is necessary if the parties want to keep their dispute private (Illanloon et al., 2022).

Advantages of Alternative Dispute Resolution:

Alternative dispute resolution (ADR) is helpful since it helps parties save time and money. This is done so that alternative dispute resolution (ADR) can be finalized in less time and at a lesser cost than courtroom litigation.

When using ADR, the parties can sidestep the time and energy-consuming process of going to court. This is because, in comparison to formal litigation, alternative dispute resolution tends to be more discreet and casual.

The third benefit of ADR is that each party has a say in settling disputes. This is done so that the parties can compromise on their own rather than a judge or jury paying for the problem (Illankoon et al., 2022).

Disadvantages of Alternative Dispute Resolution:

To begin, utilizing ADR is optional for both parties. That either party may terminate the agreement at any time is implicit in the wording. This could become an issue if one party disregards the terms of the settlement or if the two parties cannot reach a compromise on any subject.

Second, alternative conflict resolution is less detailed than traditional litigation and may overlook some evidence. This could be a stumbling block if both sides are keen on thoroughly investigating the case before reaching a settlement.

Lastly, only some legal disagreements can be settled by ADR. Sometimes, when someone is accused of a crime, there are better options than ADR.

ADR has its advantages, but it’s also not without its drawbacks. Both parties should weigh the benefits and drawbacks of alternative conflict resolution before committing to its use (Illankoon et al., 2022).

B) Burden to Prove

It is the prosecution’s burden to prove a criminal defendant’s guilt beyond a reasonable doubt. The burden of proof rests with the plaintiff in a legal proceeding to establish that the defendant is primarily responsible for the damages. When someone is accused of breaking the law, the government might file a criminal complaint against them. Instead, the plaintiff in a civil matter is the one who initiates legal action against the defendant.
The primary goal of a criminal case is to punish the culprit, while a civil action’s purpose is to compensate the victim monetarily. There must be a victim, evidence of the offense, and legal recourse for the accused for criminal proceedings. A civil lawsuit requires an argument between parties and the opportunity to present one’s side to a judge.
 For a criminal conviction to be upheld, the prosecution must dispel any shadow of doubt about the defendant’s guilt. The burden of proof rests on the plaintiff in a civil lawsuit, and they must establish that the defendant is liable for damages. What we have here is evidence of a higher standard. The burden of proof lies with the plaintiff in a civil proceeding to establish that the defendant is liable for the damages. So, the plaintiff has the burden of proving that the defendant would likely be liable for damages. For a criminal conviction to be upheld, the prosecution must cast reasonable doubt about the defendant’s innocence. This is an inferior form of evidence (Rakoff et al., 2022).

If the state determines that an individual’s actions constitute a criminal offense, formal criminal charges may be brought against that individual. The prosecution must dispel all reasonable doubt to prove the defendant’s guilt. The defendant will face legal consequences if proven guilty. Contrarily, in a civil case, one party sues another.

The requirements for a criminal suit are as follows:

The defendant’s actions must have caused harm to at least one other person. It is necessary to have evidence that a crime was committed. Photos, films, and testimonies from eyewitnesses are valid evidence. A defendant can speak up in court and present their side of the story. They must be able to explain what occurred and refute any claims made against them (Rakoff et al., 2022).

The requirements for a civil suit are as follows:

The parties must have something in dispute with one another. A contract, debt, or something else could be at the heart of this argument. Both sides should be allowed to make their case in open court. Before a court, each side will have the opportunity to plead their case and submit supporting evidence. While the goal of a criminal prosecution is to punish the offender, the purpose of a civil case is to provide financial relief to the victim.

Take a look at the scenario below: John commits a bank robbery. As evidence of John Doe’s robbery guilt, the government will file a criminal complaint against him.

If John Doe is found guilty, he will be held accountable under the law. On the other hand, the bank would initiate civil litigation against John Doe(Rakoff et al.,2022).The case is an effort to get John Doe to pay back his stolen money.

  1. A) Termination by default

Repay advance or in-progress payments if the contractor defaults and the contract is canceled. Contractors pay cancellation fees, and the government loses from purchases. Always pay contractors (Brous, 1972, pp. 221). Default termination is significant. They are defaulting subcontractors risk termination. If the contractor goes bankrupt, thorough government communications records will be invaluable (including phone calls). The contractor can argue that its failure to execute was not negligent.
 Hence a default termination should be for convenience. He can keep his profits without repurchasing. If the contractor misses deadlines, breaks agreements, or takes risks, terminate the contract. Mail terminates contractors. Apologize or deny. The contracting officer will swiftly file a default termination notice to ensure on-time deliveries. Negotiations may require a formal termination declaration after the ten-day cure period. If that happens, the contractor will receive a letter detailing his failure and offering him ten days (or whatever time is allowed) to make amends. Disputes Clause contractors can appeal cause-based terminations—contractor appeals. Recent argument-related default terminations follow (Smith et al., 2022).


The government claimed $14,457.67 for 2,685 terminals rejected under warranty and terminated, and $6,461.03 for repurchased equipment costs. The government terminated the contract without 1,782 wire rope terminals. The Armed Services Board of Contract Appeals (ASBCA) found the contract was illegally performed and recommended termination. In terms of contractor delays, the Article required labor and repair regardless of contractor accuracy. The Warranty Clause only allowed purchase price collection or withholding, not procurement costs. After Warranty Clause denial, the Board upheld procurement expense appeal (Smith et al., 2022).


The contractor wouldn’t work since the government hadn’t paid its monthly fee. The government sacked nonperformers and withheld buyback funds. The ASBCA upheld the contractor’s appeal because the government breached the contract’s main condition by not paying within the warranty period (Smith et al., 2022).


After failing hydraulic pressure tests, the contractor defaulted. Contractors claimed pressure-tested items. The ASBCA ruled that the contractor was entitled to the government’s interpretation because the specifications may only require a static performance test remanded for government-convenient termination.

Government-Convenient Termination

Government convenience outnumbers default termination (Beauregard, 1965, pp. 257). To optimize recovery, the file should be well-documented, accounting systems should enable termination, and a termination coordinator should monitor the claim throughout key company divisions, processing termination inventory and producing the appropriate papers. Avoid government contracts and subcontracts with unsuitable termination provisions.
A recent US Court of Claims ruling recognized a contract canceled without an express termination clause as if it did (Page 2008 pp. 61).
After the government terminated a house-building contract, losses and expected earnings totaled $5,000,000. The court reasoned: (1) ASPR 8-703 (Termination Clause for Fixed-Price Construction Contract) required such a clause; (2) the Armed Services Procurement Regulations have “statutory authority” because they are issued under the Armed Services Procurement Act of 1947; (3) this gives them “full force and effect of law”; and (4) even if ASPR 8-703 was not complied with, the contract would be treated as if the standard termination clause was included. In a rehearing of Christians, the US Court of Claims reaffirmed its original decision and added that (1) old ASPR 8-101 (applicability of Section VIII) in effect at the time of the contract did not contradict the mandatory requirement of ASPR 8-703 that future contracts include the new clause; (2) ASPR 8-703 did apply to house contracts under the Capehart Act; and (3) there was no evidence that ASPR 8-101 was unconstitutional. This may mean a contractor cannot rely on a written contract to reflect the complete government agreement (Smith et al., 2022).

  1. B)

1) Louis Litt should take reasonable care and skill to find a tenant for John and Sandy’s store. As a result, Louis Litt must reasonably find a tenant for John and Sandy’s business lot who can and will pay their requested rent.

 If Louis Litt learns anything significant about the renter, he must tell John and Sandy. Therefore, Louis Litt is obligated to share with John and Sandy any information about the prospective tenant that may affect their decision to rent to that person. Louis Litt is compelled to tell John and Sandy if he finds out that the renter has a history of not paying rent on time or being evicted from previous residences.

Rent payments received by Louis Litt must be accounted for in detail. So, Louis Litt has to give John and Sandy all the rent he gets from the tenant, less any fees or commissions he’s allowed to take.

The consequences of Louis Litt’s actions could include:

1) To begin with, John and Sandy can file a contract breach lawsuit against Louis Litt. John and Sandy may sue Louis Litt for breach of contract if they believe he has violated their agreement. The court may award them money if they win.

2) Louis Litt might be liable for John and Sandy’s financial losses if his actions caused such losses. If John and Sandy lose money due to Louis Litt’s actions, they can sue him to recover their losses.

3) The judge may order Louis Litt to compensate John and Sandy for their losses. Louis Litt may have to pay John and Sandy if they are awarded damages.

4, If Louis Litt was paid less than John and Sandy owed in rent, a judge could order him to pay them the difference. A court might require Louis Litt to repay the overcharged rent if he had soaked John and Sandy.

5) Louis Litt may be guilty of fraud or cheating if it can be proven that he intentionally misled others. Louis Litt may face charges of fraud or cheating if it turns out that his acts have been dishonest.


It has been decided that Louis Litt will choose a tenant for John and Sandy’s shop lot with a level of competence and care that is reasonable, that he will give John and Sandy any relevant information about the tenant, and that he will account to John and Sandy for any rent that he receives from the tenant.

As a direct result of the actions taken by Louis Litt, John and Sandy may choose to file a lawsuit against him for breach of contract, hold him liable for any damages that are awarded to them as a result of their case, have him pay back the difference between the rent he collected and the rent he was obligated to order, or both of these options.


A partnership at will is one where the partners are free to come and go as they please. This type of partnership is typically used for businesses that are not expected to last very long or for businesses that are not expected to generate a lot of revenue. The advantage of a partnership at will is that it is very flexible and can be ended at any time by either party. The disadvantage is that it can be difficult to find new partners if one of the original partners decides to leave, and there is often little incentive for the partners to stick together (Erkabaeva et al., 2022).

A written partnership is one that is governed by a written agreement between the partners. This type of partnership is typically used for businesses that are expected to last for a longer period of time and to generate a significant amount of revenue. The advantage of a written partnership is that it provides stability and certainty for the partners, and it can be used to protect the interests of the partners. The disadvantage of a written partnership is that it can be inflexible and may be hard to change if the business needs to adapt to new circumstances (Erkabaeva et al., 2022).

  1. A) The partnership name and business purpose: The first thing that Sam and Hailey need to consider is what they will name their partnership and what the specific purpose of the business will be. The name of the partnership should be reflective of the business purpose, and it should be easy for potential customers or clients to remember. The business purpose should be specific and clearly defined, as it will serve as the guiding force for all decision-making within the partnership (Erkabaeva et al., 2022).

The duration of the partnership: Sam and Hailey also need to decide on the duration of their partnership. Will it be a short-term venture or a long-term commitment? If they are not sure, they may want to consider setting a date by which they will reassess the partnership and decide whether to continue it or dissolve it. Having a specific duration in mind will help to keep both partners accountable and on the same page as far as the goals of the partnership are concerned (Erkabaeva et al., 2022).

The roles and responsibilities of each partner: It is important for Sam and Hailey to clearly delineate the roles and responsibilities of each partner from the outset. This will help to avoid any confusion or conflict down the line. Each partner should have a specific area of responsibility within the business, and they should both be clear on what tasks they are responsible for. This will ensure that the partnership runs smoothly and that each partner is pulling their own weight.

The contributed capital of each partner: Another important consideration for Sam and Hailey is how much capital each partner will contribute to the business. This will determine each partner’s ownership stake in the business, as well as their share of profits and losses. It is important to be fair and transparent when it comes to contributed capital, as this will help to avoid any conflict or resentment down the line(Reza et al., 2022).

The sharing of profits and losses: Another key consideration for Sam and Hailey is how they will share profits and losses. Will each partner receive an equal share, or will it be based on the percentage of ownership stake? This is an important decision to make, as it will determine each partner’s financial stake in the business.

The process for admitting new partners: If Sam and Hailey ever decide to admit new partners into the business; they need to have a clear and defined process for doing so. This will help to avoid any conflict or confusion down the line. The process should be fair and transparent, and it should be clearly delineated in the partnership agreement (Reza et al., 2022).

The process for dissolving the partnership: Finally, Sam and Hailey need to consider the process for dissolving the partnership. This is an important decision to make, as it will determine what will happen to the business if the partnership is dissolved. The process should be fair and transparent, and it should be clearly delineated in the partnership agreement.

  1. B) Advantages of Partnership
  2. Bridging the Gap in Expertise and Knowledge- By joining forces with another company, you gain access to their resources and knowledge in addition to your own. A reliable partner can help you expand your firm by providing resources you don’t have (Reza et al., 2022).
  3. Cost Savings- Financial burdens associated with operating a business, such as running and investment costs, can be shared more efficiently with a business partner.
  4. More Business Opportunities- Having someone to divide the work with can significantly help run a business. One possible benefit of working with a partner is increased efficiency, which could lead to more business prospects (Reza et al., 2022).
  5. New Perspective- It’s simple to miss apparent flaws in our business practices. Collaboration can introduce fresh perspectives that help us notice opportunities we might have overlooked alone. As a result, we may rethink our methods, the people we work with, the markets we target, and even the prices at which we provide our wares.
  6. More Cash- The financial resources of a potential partner can be a welcome addition to the company. Additionally, they may be better connected strategically than you are. As a result, you can raise more money from investors and expand your business.

Disadvantages of Partnership

  1. Liabilities- In a partnership, each member is equally responsible for the debts and losses of the business, regardless of who was at fault for them.
  2. Loss of Autonomy- You may be used to making all the decisions for your firm, but in a partnership, you and your partner would make those decisions together.
  3. Emotional Issues- Several problems can arise that make collaborating with another person challenging. Differences in opinion or the amount of time and energy each person devotes to the business are two familiar sources of tension. It’s possible that one partner needs to do their share. False friendships can develop. When considering the pros and cons of entering a partnership, it’s essential to include your feelings (Reza et al., 2022).
  4. Future Selling Complications- You or your business partner may decide to sell the company if your circumstances change. Problems may arise if one of the partners isn’t keen on selling.
  5. Perceived lack of prestige- As with a sole proprietorship, a partnership can give the impression of having less legitimacy than a limited liability company. Since alliances don’t have any external presence apart from their participants, they may seem like fleeting businesses. Still, many of them continue for a very long time (Izzat et al., 2022).


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