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A business partnership is more regulated due to the fact that the relationship can be volatile in sense of frequent disputes between partners. As a result it is important to be aware of the Partnership Act 1890

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Introduction

Legal and Regulatory Framework HNC assignment For Paula Reily Harjit Singh Sahota 3B051010 1.0 Dear LMC, I am writing this report regarding Mrs Davis who took delivery of two computers and a host of other equipment on 17th of July. The customer has stated that one of the computers is damaged and there is also a problem with interference with the other. As Mrs Davis and you entered a contract which is legally binding and enforceable and was accepted by Mrs Davis, the issues that have been raised by Mrs Davies need to be resolved. The Sale of Goods Act 1979 which was introduced as a "remedy for any breach of a contract between the seller and the buyer" (Blake 1996) needs to mentioned as section 14 of the act states that "the goods supplied must be of satisfactory quality". It is clear from the letter that the computers supplied were damaged and the software may be faulty. As a result the act has been breeched. Although Mrs Davis has lost her cancellation right which is 14days, she is not entitled to a full refund of her deposit and will be made aware of this. However she will have been given a guarantee and it would be in your best interests to replace the damaged computer and provide the customer with suitable software to stop the interference. By "satisfactory quality" or under the Sale of Goods Act 1994 "merchantable quality" refers quality as goods that are fit for all purposes, free from minor defects and appearance and finish is free from any damage. As Mrs Davies brought the computers from you it is your obligation to the customer to replace the items under no cost to the customer. ...read more.

Middle

In contrast a Private Limited Company must end its name with Plc or PLC and have a certificate of incorporation prior to trading. Furthermore it must produce a set of audited accounts within ten months before the financial year ends. The registration procedures for both a Public and Private Limited Company are the same. Two basic documents are required: one is called The Memorandum of Association which should contain details of the name of the company, address of the registered office of the company, the amount of liability of the owners, any authorised capital and the company objectives. The second document required is The Articles of Association which basically covers the internal administration of areas in the company like the appointment of directors, types of shares to be issued and when the meetings will be held. In addition a contract between the company and each member of the company is represented by the article. In terms of running the company section 282 of The Companies Act 1985 outlines a company "must have a board of directors who essentially run the company for the owners of the company" (Needham 2001). Directors are individuals who are fee paid to act as trustees for the shareholders. In addition it also worth remembering Regulation 84 of the act states directors can appoint fellow directors to particular executive positions such as the company accountant or financial advisor. Directors have many duties in terms of running the business. They have a fiduciary duty which is to report any personal profits they make whilst with the company and ensure they achieve maximum benefits for the company and shareholders. ...read more.

Conclusion

Under section 7 of the act employees must take "reasonable care for there own health and safety at work "(Blake 1996). Under the Work Place Regulations1992 act employees must take a break every two and half hours from there computer and go away from there desktop. By taking a break away from the computer will reduce the suffering of headaches. The term for this break is called a DSL break and all companies that operate computers by law must give a DSL break to employees. Under the Health and Safety Act if you have not been given training to carry out a specific task, tell your manager you are not trained to do the task. In return the manager will allocate the task to someone who has been trained. In no circumstances can a manager force you to do the task. In this case you state you have not been trained to lift boxes. As a result the owners of LMC should give you training on the correct way to lift boxes or use an employee who is trained to lift boxes. In addition the Work Place regulations 1992 states that "facilities for rest and to eat meals" (Needham 2001) must be provided away from the desktop area in the workplace. Due to this the owners have a right to there employees to provide them with somewhere to eat. Regulation 6 of the Management of Health and Safety at Work makes it clear that a safety officer should be appointed to advice the company of any new health and safety issues and carry out safety checks to ensure the workplace is safe. In addition to provide the right- training to employees and managers regarding health and safety. ...read more.

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